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Judicial Watch • DOJ Accuses U.S. Biz of Discrimination for Requiring Proof of Work Eligibility

DOJ Accuses U.S. Biz of Discrimination for Requiring Proof of Work Eligibility

DOJ Accuses U.S. Biz of Discrimination for Requiring Proof of Work Eligibility

SEPTEMBER 02, 2015

In its crusade to protect and assist illegal immigrants, the Obama administration has accused an American company of discrimination for requiring employees to furnish proof that they are eligible to work legally in the United States.

You know the nation is in trouble when a U.S. business gets investigated by its own government for following the law. The case involves a Nebraska meat packing company that demanded workers to furnish proof of immigration status for the federal employment eligibility verification process. The Obama Department of Justice (DOJ) went after the company, accusing it of engaging in employment discrimination.

In particular the DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices objected to non-U.S. citizens being “targeted” because of their citizenship status. “The department’s investigation found that the company required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documentary proof of their immigration status to verify their employment eligibility,” the DOJ claims. This could constitute a violation of the Immigration and Nationality Act (INA), the feds assert, because its anti-discrimination provision prohibits employers from making documentary demands based on citizenship or national origin when verifying an employee’s authorization to work.

With the feds breathing down its neck the business, Nebraska Beef Ltd, agreed to pay Uncle Sam a $200,000 civil penalty and establish an uncapped back pay fund to compensate individuals who lost wages because they couldn’t prove they are in the county legally. Additionally, the business will undergo “compliance monitoring,” which means big brother will be watching very closely. The head of the DOJ’s civil rights division explains that the agency is on a mission to eliminate “unnecessary and discriminatory barriers to employment” so workers can support their families and contribute to the U.S. economy.

This case is part of a broader effort by the Obama administration to helps illegal aliens in the U.S. Besides shielding tens of millions from deportation via an executive amnesty order, the president has also expanded the DOJ to help carry out part of this mission. It’s why the agency’s civil rights division has grown immensely under Obama. A few years ago Judicial Watch reported that the DOJ’s civil rights division launched a secret group to monitor laws passed by states and local municipalities to control illegal immigration. Because the measures are viewed as discriminatory and anti-immigrant by the administration, the DOJ has spent huge sums of taxpayer dollars to track them and legally challenge them as it did in Arizona.

The federal tentacles have reached deeply into the workplace. A few years ago the DOJ civil rights division, under the leadership of renowned illegal alien advocate Thomas Perez, launched a plan to eliminate tests that supposedly discriminate against minorities in the workplace. The administration defines them as having a “disparate impact,” a racial discrimination created by the various written exams. The tests disproportionately screen out people of a particular race, even though they “present the appearance of objective, merit-based selection,” according to the Obama DOJ.

Last year a federal audit disclosed that the Obama administration was letting businesses that hire undocumented workers off the hook by drastically reducing fines and enforcement. During a three-year period the administration slashed by 40% the amount of fines collected from employers caught with illegal immigrants on their payroll, according to the probe which was conducted by the Department of Homeland Security (DHS) Inspector General. This inconsistent implementation hinders the government’s mission to prevent or deter employers from violating immigration laws, the DHS watchdog wrote in its report. Now the DOJ is taking it a step further by going after employers that try to ensure their workers are in the U.S. legally.


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