Department of Justice Settles with Nursing Home and Management Company to Resolve Document Abuse Claim

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

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