In a case alleging that Isabella Geriatric Center (“IGC”) was too aggressive in asking immigrant workers to provide documentation, the nursing home has agreed to pay $14,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the Immigration and Nationality Act (INA); establish a back pay fund to compensate potential economic victims; revise its employment eligibility reverification policies; and be subject to monitoring of its employment eligibility verification practices for two years.
IGC faced allegations that it was engaged in a pattern or practice of citizenship discrimination during the employment eligibility reverification process in violation of the Immigration and Nationality Act (INA). IGC allegedly asked lawful permanent resident employees to present new cards when their Permanent Resident Cards expired. This is unnecessary because lawful permanent residents are authorized to work in the United States regardless of the expiration status of their cards. IGC also required lawful permanent residents to provide proof of U.S. citizenship if they became naturalized citizens.
Such practices would violate the Immigration and Nationality Act, which became federal law in 1952. The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process based on their citizenship status. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, unfair documentary practices, retaliation and intimidation.
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