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Department of Justice settles immigration-related claims with staffing firm

May 19, 2022

The US Department of Justice announced that it has reached a settlement agreement with JMJ Talent Solutions Inc., a staffing company with four locations throughout Indiana, over allegations of immigration-related discrimination.

The settlement resolves a claim that JMJ Talent Solutions discriminated against three non-US citizens because of their citizenship status when it asked them to present specific documentation to prove they had permission to work in the United States instead of letting them choose which valid documents to show, according to the department.

In its press release, the Department of Justice says that after rejecting valid documentation that a non-US citizen presented to prove she was allowed to work in the United States, the staffing firm requested her to present specific immigration documents, including a permanent resident card with an unexpired date. 

The staffing company also asked at least two other lawful permanent residents to present their Permanent Resident Cards to prove their permission to work, according to the department.

The Immigration and Nationality Act prohibits employers from rejecting documentation that reasonably appears to be valid, from asking workers to show specific documentation and from asking for more documentation than the law requires to prove permission to work, according to the department.

Under the terms of the settlement agreement, JMJ Talent Solutions will pay a civil penalty, post notices informing workers of their rights under the INA’s anti-discrimination provision, train its staff and be subject to departmental monitoring for three years.

“Employers may not discriminate against workers when verifying their permission to work in the United States — such as by rejecting their valid documentation, requesting specific documentation, or requesting more documents than necessary — based on the workers’ citizenship status or national origin,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.

“All workers have the right to choose the valid documents they want to present for that process. The Justice Department will continue to fight to remove unlawful barriers in the workplace.”