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Employers Not Immune from Punishment by OSC for E-Verify Violations

The Justice Department has entered into a settlement agreement with Diversified Maintenance Systems, LLC, a provider of janitorial and facilities maintenance services based in Tampa, Florida. This is one of the first publicized cases where OSC investigates discrimination based on an employer’s conduct related to the use of E-Verify. The employer told the employee in question about her tentative non-confirmation that was generated as a result of data mismatch. The employee was unable to correct her data because she was lacking the proper E-verify paperwork and the E-Verify system ultimately produced an erroneous final non-confirmation. After being fired, the employee called the E-verify hotline, where the OSC informed her she was authorized to work. However, the employer refused to reinstate her. The employee subsequently filed a complaint with the OSCon account that she had asserted her right to work under the INA provisions for anti-discrimination and that the employer had retaliated against her when she exercised this legal right. Before any further legal action was taken the employer agreed to settle the case with the Justice Department, which resulted in fines and additional training requirements.

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