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The PJ Tatler

by
Bridget Johnson

Bio

November 19, 2013 - 7:47 am

The Justice Department went after a San Francisco restaurant for discrimination after what appears to be a case of an employer trying to be extra careful about not hiring illegal immigrants.

An immigrant authorized to work in the U.S. complained to the DOJ “that Kim Hoang Coffee and Fast Food improperly rejected valid work-authorization documents when re-verifying her authorization for employment, which caused the immigrant to believe she had been terminated.”

The DOJ opened an investigation that “revealed that the employer believed she could ask non-U.S. citizens to produce specific documents to establish work authorization upon initial hire, but did not need to make similar demands of U.S. citizens,” according to the department.

“The INA’s anti-discrimination provision prohibits employers from discriminating against non-U.S. citizens in the employment eligibility verification process by demanding different documentation than U.S. citizens are required to present,” continued the DOJ.

Faced with DOJ charges, the restaurant in San Francisco’s Tenderloin District offered to rehire the employee and pay back wages of $700. “Kim Hoang Coffee and Fast Food must pay $485 in civil penalties to the United States, undergo department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of three years,” the DOJ said.

“Imposing different documentary requirements on individuals based on their citizenship status during the employment eligibility verification process is discrimination prohibited by the INA,” said Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels.  “The Department of Justice is committed to protecting U.S. citizens and all work-authorized immigrants from document abuse.”

Bridget Johnson is a career journalist whose news articles and opinion columns have run in dozens of news outlets across the globe. Bridget first came to Washington to be online editor at The Hill, where she wrote The World from The Hill column on foreign policy. Previously she was an opinion writer and editorial board member at the Rocky Mountain News and nation/world news columnist at the Los Angeles Daily News. She has contributed to USA Today, The Wall Street Journal, National Review Online, Politico and more, and has myriad television and radio credits as a commentator. Bridget is Washington Editor for PJ Media.

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All Comments   (4)
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Think I'll walk over and support them today. Good news -- they're only three blocks away from Mikkeller in one direction and two blocks from Saigon Sandwich in the other.
34 weeks ago
34 weeks ago Link To Comment
Is this a different take on Abbot and Costello or Catch 22? Non-US Citizens are required to have certain documents giving them the right to work here. US Citizens need only prove they are in fact US Citizens. BUT!!! asking someone suspected to be a non-citizen to produce those documents, that US Citizens wouldn't have, is illegal because it is discriminating against the non-citizen by not also asking the US Citizen for those documents? Did I get that right? Is that basically what they are saying? Who's on first? Yes.
34 weeks ago
34 weeks ago Link To Comment
Employers are in the worst of all situations: (a) penalties for trying to avoid penalites for hiring illegals in violation of law or (b) penalties for hiring illegals if/when the feds decide to enforce the law. Heads I win, tails you lose.
34 weeks ago
34 weeks ago Link To Comment
We'll soon need implants to inform us of what is allowed for each action or utterance.
34 weeks ago
34 weeks ago Link To Comment
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