Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

WEDNESDAY, MARCH 3, 1999

(202) 616-2777

WWW.USDOJ.GOV TDD

(202) 514-1888


CALIFORNIA COMPANY TO PAY OVER $25,000 TO SETTLE ALLEGATIONS OF WORKPLACE DISCRIMINATION, UNDER JUSTICE DEPARTMENT AGREEMENT


WASHINGTON, DC -- A Southern California company has agreed to pay more than $25,000 to settle allegations of workplace discrimination under an agreement reached today with the Justice Department.

The agreement resolves a complaint filed with the Justice Department's Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) in April 1998, alleging that Aztec Finishing, Inc., a garment finishing company based in Commerce, CA, discriminated against a prospective employee by not accepting his proof of work authorization. The Immigration and Nationality Act (INA) prohibits employers from discriminating against a U.S. citizen or authorized worker by asking that person for more documentation than the law requires. Under the law, a driver's license and Social Security card are sufficient evidence of a person's identity and authorization to work in the United States.

After completing the employment application and I-9 form, the prospective employee was asked by a Aztec human resources clerk to provide an INS-issued work authorization document. When he stated that he was in fact a U.S. citizen and presented his driver's license, his documents were rejected and he was told to go home and return with a naturalization certificate. When the applicant returned with a certificate of naturalization later that same day, he was informed by the human resources clerk that all five openings had been filled.

OSC found evidence that the discrimination faced by this worker was also experienced by other prospective Aztec employees.

Today's settlement requires Aztec Finishing, Inc. to pay more than $22,600 in civil penalties and more than $5,000 in back pay.

"Our job is two-fold...we obtain relief for discrimination victims, but more importantly, we try to prevent discrimination like this from happening by educating workers and employers about their rights and responsibilities under the law, " said Special Counsel, John Trasviña. "This case is the second document abuse case in Southern California this year in which OSC obtained back pay for a Latino U.S. citizen unlawfully denied a job."

"California is the number one state for charges of immigration related job discrimination," stated Trasviña, "While most employers apply the law correctly, we are stepping up our efforts to make sure eligible workers do not bear the brunt of discriminatory practices."

Since 1986, when it became illegal to knowingly hire undocumented workers, employers have been required to check the employment eligibility of all new hires--citizens and non-citizens alike. However, in an effort to comply with this requirement, some employers go beyond what is required and single out individuals because of their accent, appearance, name or citizenship status.

Since its inception OSC has received more than 6,000 complaints, recovering more than $1.8 million in back pay and more than $1.2 million in civil penalties.

OSC 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, citizenship status or because they are thought to look or sound foreign.

Individuals seeking more information about 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


E-mail: osc.crt@usdoj.gov

http://www.usdoj.gov/crt/osc

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