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Justice Department Reached Settlement On An Immigration-Related Relation Claim

Posted by Norka M. Schell, NY Immigration Attorney
Law Offices of Norka M. Schell, LLC




The Justice Department (DOJ) reached an agreement with FTD Inc., to resolve allegations that the company retaliated against a man for asserting rights under the anti-discrimination provision of the Immigration and Nationality Act (INA).

The DOJ initiated the investigation after receiving a complaint from a work-authorized immigrant that FTD rescinded the individual's conditional job offer after a background check revealed a purported error in his Social Security account number. The man informed FTD that he was authorized to work in the United States and provided documents showing his status. The man also expressed concern to FTD that the company may be violating the anti-discrimination provision of the INA by refusing to hire him and threatened to pursued his legal rights under the INA's anti-discrimination provision. FTD responded by terminating all communication with the individual.

Under the terms of the agreement, FTD has agreed to pay $1,800. in back pay to the man and $3,000 in civil penalties. FTD has also agreed to undergo Justice Department training on the anti-discrimination provision of the INA. The case settled prior to the Justice Department filing a complaint in this matter.

"People authorized to work in this country should not be afraid to dispute errors in databases relating to their employment eligibility or documents," said Thomas E. Perez, Assistance Attorney General for the Civil Rights Division. "It is unlawful to retaliate against an individual for asserting a right to work under the anti-discrimination provision of the INA."

The Office of Special Counsel of Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protections against employment discrimination under the immigration laws, call OSC's work hot line at 1-800-255-7688 (1-800-237-2525, TDD for hearing impaired), call the OSC's employer hot line at 1-800-255-7688 (1-800-362-2735, TDD for hearing impaired), sing up for a no-cost webinar at www.justice.gov/about/osc/webinars.php, email osccrt@usdoj.gov or visit the website at www.justice.gov/crt/about/osc.