A recent settlement has highlighted discrimination claims against work-authorized non-United States citizens. The settlement, which resulted from an investigation by the Department of Justice (DOJ), Civil Rights Division, Immigrant and Employee Rights Section (IER) against Ascension Health Alliance (Ascension), resolves allegations that Ascension discriminated against foreign national employees. IER alleges that the company violated the Immigration and Nationality Act (INA) from at least Jan. 1, 2018, through April 30, 2020, when it used a software program it developed in-house to send automated emails unnecessarily requesting documentation to reverify the employment authorization of certain employees based on immigration status or prior immigration status. The DOJ is reminding employers that many non-U.S. citizen workers have employment authorization that does not expire and are therefore eligible for the same types of documents that U.S. citizens often present during the I-9 employment verification process.
