June 30, 2022

Volume XII, Number 181

Advertisement
Advertisement

June 29, 2022

Subscribe to Latest Legal News and Analysis

June 28, 2022

Subscribe to Latest Legal News and Analysis

June 27, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

DOJ Office of Special Counsel Files Lawsuit Against Hotel and Casino for Discriminatory Hiring Practices During Employment Verification and Re-Verification Processes

On May 31, 2012, the Department of Justice (DOJ) filed a lawsuit against Tuscany Hotel and Casino, LLC in Las Vegas, alleging that the company engaged in discrimination during the employment eligibility verification of new employees and the re-verification of work eligibility for existing employees. The complaint, which seeks monetary and injunctive relief, alleges that the company treated non-U.S. citizens differently from U.S. citizens by requesting that they provide additional or different documents during the initial employment eligibility verification process. In addition, the complaint alleges that the company required existing employees to present specific documents during the re-verification process and subjected lawful permanent residents to improper re-verification based on their citizenship status as a result of requesting and recording the expiration dates of these individuals' Permanent Resident Cards into the company's payroll system for re-verification purposes.

According to the anti-discrimination provisions of the Immigration and Nationality Act (INA), employers must treat all authorized employees equally during the hiring, termination, and employment eligibility verification process, irrespective of their national origin or citizenship status. The law further prohibits employers from committing document abuse during the employment eligibility verification process based on employees' citizenship status or national origin.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume II, Number 174
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Nataliya Binshteyn Dominguez, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney
Associate

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...

703-903-7583
Advertisement
Advertisement
Advertisement