The $250,000 a Mississippi employer is paying for discriminating in favor of non-citizen visa holders warns all US employers against discriminating against legally authorized workers based on national origin.
The settlement agreement with H2A Complete II Inc., that the Justice Department announced today reminds US employers not to discriminate among workers, legally authorized to work in the United States in employment practices based differences in the basis of their eligibility to work or national origin.
The settlement resolves charges that H2A Complete II Inc. violated the Immigration and Nationality Act (“INA”) by unfairly favor H-2A visa holders over U.S. workers for agricultural employment opportunities.
The second “Protecting U.S. Workers Initiative” settlement under the second Trump Administration, the settled demonstrates the Administration’s commitment to targeting, investigating, and bringing enforcement actions against employers that intentionally discriminate against U.S. workers due to a preference for temporary visa workers.
Under the settlement, the company will pay $25,000 in civil penalties to the United States, undergo training, revise its employment policies, and not include excessive experience requirements in job postings that are unlawfully aimed at excluding U.S. workers from employment opportunities.
The announcement of the settlement quotes Attorney General Pamela Bondi as stating, “This Department of Justice will continue to protect our country’s workers from unlawful discrimination in favor of foreign nationals.”
“DOJ’s Civil Rights Division is protecting American workers from unlawful discrimination by employers that prefer to hire foreign visa workers instead of U.S. workers,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Protecting job opportunities for the American workforce is one of our top priorities.”
Although the Trump administration has made protecting US worker jobs, a priority, US employers should keep in mind that federal law, generally prohibits discrimination based on national origin or legal status to work, except where specifically provided by law. Accordingly, employers should be prepared to demonstrate that choices among applicants are made based on merit. employers should not apply a bias in favor of workers of a particular eligibility to work status, such as citizenship, or holding a particular type of visa, unless that status is specifically required by the applicable requirements of law for the position.
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We hope this update is helpful. For more information about these or other health or other employee benefits, human resources, or health care developments, please contact the author, Cynthia Marcotte Stamer, via e-mail or telephone at (214) 452-8297.
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About the Author
Cynthia Marcotte Stamer is a Martindale-Hubble AV-Preeminent (highest/top 1%) practicing attorney recognized as a “Top Woman Lawyer,” “Top Rated Lawyer,” and “LEGAL LEADER™” in Health Care Law and Labor and Employment Law; among the “Best Lawyers In Dallas” in “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law recognized for her experience, scholarship, thought leadership and advocacy on HIPAA and other data and technology use, security and compliance in connection with her work with health care and life sciences, employee benefits, insurance, education, technology and other highly regulated and performance-dependent clients.
Board certified in labor and employment law by the Texas Board of Legal Specialization and a Fellow in the American College of Employee Benefits Counsel, Ms. Stamer is nationally recognized for her decades of leading edge experience on the design, sponsorship, administration and defense of health and other employee benefit, workforce, data and technology and other operations to promote legal and operational compliance, reduce regulatory and other liability and promote other operational goals.
Along with her decades of legal and strategic consulting experience, Ms. Stamer also contributes her leadership and experience to many professional, civic and community organizations. She currently serves as Co-Chair of the ABA Real Property Trusts and Estates (“RPTE”) Section Welfare Plan Committee, Co-Chair of the ABA International Section International Employment Law Committee and its Annual Meeting Program Planning Committee, Chair Emeritus and Vice Chair of the ABA Tort Trial and Insurance (“TIPS”) Section Medicine and Law Committee, and Chair of the ABA Intellectual Property Section Law Practice Management Committee. She also has served as Scribe for the Joint Committee on Employee Benefits (“JCEB”) annual agency meetings with the Department of Health and Human Services and JCEB Council Representative, International Section Life Sciences Committee Chair, RPTE Section Employee Benefits Group Chair and a Substantive Groups Committee Member, Health Law Section Managed Care & Insurance Interest Group Chair, as TIPS Section Medicine and Law Committee Chair and Employee Benefits Committee and Workers Compensation Committee Vice Chair, Tax Section Fringe Benefit Committee Chair, and in various other ABA leadership capacities. Ms. Stamer also is a former Southwest Benefits Association Board Member and Continuing Education Chair, SHRM National Consultant Board Chair and Region IV Chair, Dallas Bar Association Employee Benefits Committee Chair, former Texas Association of Business State, Regional and Dallas Chapter Chair, a founding board member and Past President of the Alliance for Healthcare Excellence, as well as in the leadership of many other professional, civic and community organizations. She also is recognized for her contributions to strengthening health care policy and charitable and community service resolving health care challenges performed under PROJECT COPE Coalition For Patient Empowerment initiative and many other pro bono service involvements locally, nationally and internationally.
Ms. Stamer is the author of many highly regarded works published by leading professional and business publishers, the ABA, the American Health Lawyers Association, and others. Ms. Stamer also frequently speaks and serves on the faculty and steering committee for many ABA and other professional and industry conferences and conducts leadership and industry training for a wide range of organizations.
For more information about Ms. Stamer or her health industry and other experience and involvements, see http://www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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