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Massachusetts staffing firm settles federal claim

January 24 2014

SD Staffing LLC, aka @work Personnel Services Inc., will pay $10,500 in civil penalties to resolve claims that the staffing company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act, according to the U.S. Department of Justice.

The Methuen, Mass.-based company will also identify and provide back pay to individuals who lost wages between September 2011 and January 2014 because of the alleged discriminatory practices. The company will also undergo training on the anti-discrimination provision of the Immigration and Nationality Act, and be subject to monitoring of its employment eligibility verification practices for two years.

An investigation found SD Staffing required work-authorized non-U.S. citizens to produce specific documents in connection with SD Staffing’s use of the E-Verify program, according to the Department of Justice. The company did not require such documents of U.S. citizens.

 “Employers cannot create discriminatory hurdles for work-authorized non-U.S. citizens in the employment eligibility verification process, which includes the E-Verify program,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “We commend SD Staffing for restructuring its hiring processes and documentary practices to ensure that it will no longer treat work-authorized new hires differently based on their citizenship status.”

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