Justice Department Secures Agreement with Staffing Company to Resolve Immigration-Related Discrimination Claim

The Justice Department announced today that it secured a settlement agreement with Key Fortune Inc., doing business as Express Employment Professionals (Express), a staffing company in Rancho Cucamonga, California. The agreement resolves the department’s determination that Express discriminated against a worker because of her immigration status by refusing to continue to honor her valid document that showed her permission to work in the United States. The agreement also resolves the department’s determination that Express refused to place her on an assignment until she presented a specific document showing her future permission to work.

“It is unlawful for employers to require a specific document, or to reject a valid document, showing someone’s permission to work because of their immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The department is committed to protecting workers from immigration-related discrimination in the hiring process and eliminating unnecessary barriers to employment.”

After conducting an investigation based on a complaint, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that Express unlawfully discriminated against a worker based on her immigration status when it rejected the worker’s Employment Authorization Document (EAD), which was still valid and not set to expire for an additional two months. Express then told the worker that it would not place her on an assignment until she provided a new EAD. Under the anti-discrimination provision of the Immigration and Nationality Act (INA), employers are not permitted to request specific documentation or reject valid documentation showing someone’s permission to work because of their immigration status.

Under the terms of the settlement, Express will pay a civil penalty to the United States and pay backpay to the affected worker. The agreement also requires the company to train its personnel on the INA’s anti-discrimination requirements, review its employment policies and be subject to departmental monitoring.

IER is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; or retaliation and intimidation.

IER’s website has information about how employers can avoid unlawful discrimination when verifying a worker’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.