October 6, 2015

October 06, 2015

October 05, 2015

Department of Justice (DOJ) Announces Settlement Agreement to Resolve Anti-Discrimination Claim Arising from the Improper Verification of Lawful Permanent Resident Status

On April 9, 2013, the U.S. Department of Justice announced a settlement agreement with Milestone Management Company (“Milestone”), a residential property management firm based in Dallas, to resolve claims that the company had violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

The Department initiated an investigation into Milestone’s employment verification practices based on the tip of a discharged employee, who alleged that the company impermissibly required the individual to submit an unexpired Permanent Resident Card even though the work authorization evidence he presented at the time of hire was proper. When the employee could not present this documentation, he was terminated. Furthermore, the Department’s investigation revealed that the company had improperly re-verified the work authorization of other Lawful Permanent Residents but did not do so for U.S. citizens, contrary to the INA’s prohibition on citizenship and national origin discrimination during the employment eligibility verification and re-verification processes.

In response to the government’s inquiry, Milestone immediately reinstated the affected employee with back pay and cooperated with the Department to provide information about its employment eligibility verification procedures and conduct corrective training for staff members. Pursuant to the settlement agreement, the company will also pay $20,000 in civil penalties, undergo official training on the anti-discrimination provision of the INA, and submit to monitoring of its employment eligibility verification practices for three years.

©2015 Greenberg Traurig, LLP. All rights reserved.


About this Author

Nataliya Binshteyn Dominguez, global Immigration Attorney, Greenberg Traurig, employment-based immigrant counsel, compliance audit lawyer, corporate restructuring law

Nataliya Binshteyn Dominguez focuses her practice on global business immigration matters. She advises corporate and individual clients in a variety of employment-based immigrant and non-immigrant cases. She advises corporations on Form I-9 and E-Verify employment verification matters, including compliance audits, due diligence for corporate restructuring, and immigration-related defense in connection with worksite enforcement investigations. Nataliya also conducts Form I-9 and E-Verify trainings and frequently authors articles regarding immigration compliance issues. She...