Department of Justice Settles with Nursing Home and Management Company to Resolve Document Abuse Claim
Tags : I-9/E-Verify Compliance
On Friday, August 13, 2021 the Department of Justice's Immigrant and Employee Rights Section (DOJ-IER) announced it had entered into a settlement agreement with JP Senior Management, LLC and JP Senior Healthcare, LLC (Respondent) for alleged violations of section 274B of the Immigration and Nationality Act's antidiscrimination provisions relating to document abuse.
Document abuse occurs when an employer demands certain identity and employment eligibility documents from an employee for purposes of completing Form I-9.
DOJ-IER alleged that Respondent discriminated against an employee by rejecting the documents offered by the employee to establish identity and work authorization (a valid driver's license and social security card) under the incorrect belief that the employee was not a United States citizen. Respondent demanded the employee produce a Form I-551, Lawful Permanent Resident Card. The employee was subsequently terminated as a result and the employee filed a complaint with DOJ-IER.
The Respondent agreed to: (1) pay a $1,928.00 fine; (2) pay backpay in the amount of $1,789.32; (3) comply with training requirements as stipulated in the agreement; and (4) review, revise, and submit all policies relating to nondiscrimination in hiring, employment eligibility verification, and reverification to DOJ-IER for approval within 60 days. The Respondent also agreed to provide notice of any proposed changes in these policies to DOJ-IER at least 30 days prior to their effective date.
This settlement agreement underscores the importance of training human resources staff on the appropriate documents and procedures required for completion of Section 2 of Form I-9 and the antidiscrimination provision's prohibition on document abuse.
Posted: August 19, 2021
All Rights Reserved © 2021 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!
I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.
You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.
I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.