A settlement has been reached between the Department of Justice and Gap, Inc., resolving claims that the company routinely discriminated against certain non-U.S. citizen employees in connection with their I-9 reverification process. Investigations began in 2018 after a complaint from an employee that alleged unfair documentary practices. It was determined by the IER that the company engaged in a pattern or practice of discrimination against certain non-U.S. citizens because of their current or prior immigration status. Gap will pay $73,263 in civil penalties, provide back wages to certain affected employees, train thousands of its employees nationwide on proper I-9 processes, ensure that its electronic programs are compliant with applicable rules, and be subject to monitoring and reporting requirements for a three-year period.
