Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

MONDAY, JUNE 21, 1999

(202) 616-2777

WWW.USDOJ.GOV

TDD (202) 514-1888


OREGON COMPANY CHARGED WITH WORKPLACE DISCRIMINATION
REACHES SETTLEMENT WITH JUSTICE DEPARTMENT


WASHINGTON, D.C.-- An Oregon food processing plant has agreed to pay more than $45,000 in back pay and civil penalties to settle allegations of workplace discrimination, under an agreement reached today with the Justice Department.

The agreement settles allegations that Agripac Inc., based in Salem, Oregon, engaged in workplace discrimination by subjecting individuals who were seeking employment to different hiring procedures if they looked or sounded "foreign." Agripac allegedly refused to hire legally authorized workers based upon their appearance, national origin, accent or perceived citizenship status. It allegedly made it more difficult for workers who looked or sounded foreign to obtain employment applications. The federal complaint also alleged that Agripac more closely scrutinized valid work documents presented by such individuals compared to those they felt were U.S. citizens.

Agripac denies the allegations.

"Unfortunately, we are seeing more discrimination cases where employers treat job applicants differently and more harshly based upon whether they look or sound foreign," said John Trasviña, Special Counsel for Immigration Related Unfair Employment Practices. "This results in lawful workers, including U.S. citizens, being denied hire, or being subjected to additional burdensome hiring procedures. The Justice Department is committed to pursuing all avenues of relief to enforce the federal protections against workplace discrimination."

Today's settlement, which must be approved by an administrative law judge, resolves a complaint filed by the Justice Department in March 1998 after an investigation found that three individuals, including one Latino U.S. citizen, who spoke Spanish, were denied employment by Agripac after it rejected their lawful documentation presented to establish employment eligibility.

The Immigration and Nationality Act prohibits employers from discriminating against U.S. citizens and authorized workers because they look or sound "foreign." Employers must treat all employees the same during the employment verification process, and must also accept documents that reasonably appear to be genuine and relate to the individual. Employers should not question a document merely because the employee does not speak English or appears or sounds "foreign."

With Agripac's assistance, the Department has already concluded educational training sessions in Oregon concerning employer and employee responsibilities and rights during the hiring process.

The Office of Special Counsel was established to ensure that all work-authorized individuals -- U.S. citizens and non-citizens alike -- are not subject to discrimination in the hiring process because of their national origin or citizenship status. OSC has received more than 6,000 complaints, recovered more than $1.9 million in back pay and $1.3 million in civil penalties. Individuals seeking more information or assistance provided by OSC may call toll-free, 1-800-255-7688 or 202-616-5594 or write to:

Office of Special Counsel for Immigration Related Unfair Employment Practices

Post Office Box 27728

Washington, D.C. 20038-7728

Email: osc.crt@usdoj.gov



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