Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports:
The US Department of Justice announced Friday that it resolved immigration discrimination claims against Onin Staffing LLC, with the company required to pay a civil penalty of $70,695.
In its announcement, the department said the McAllen, Texas, Onin office required specific work authorization documents from all non-US citizens while not imposing a similar requirement on US citizens. The incidents happen from at least May 2018 until at least May 2019. Onin, based in Brimingham, Alabama, has offices in more than a dozen states.
“Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documents to present to demonstrate their ability to work in the United States,” according to the department. “The anti-discrimination provision of the [Immigration and Nationality Act] prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship status or national origin.”
In addition to the civil penalty, Onin will train certain employees on the requirements of the Immigration and Nationality Act’s anti-discrimination provision and be subject to monitoring, according to the department. The company must also change features of the Form I-9 software it uses that do not comply with federal law.
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