According to the Office of Special Counsel, Yellow Checker Star required non-U.S. citizens, but not similarly-situated U.S. citizens, to present additional documentation to prove employment eligibility. Federal law contains an anti-discrimination provision which punishes employers who require more or different documentation from employees who are work-authorized than U.S. citizen employees at the time of hire because of their citizenship status or national origin.
Yellow Checker Star settled with the Department by agreeing to pay $445,000 in civil penalties, and agreeing to take additional steps reflecting the company’s commitment to comply with the anti-discrimination provisions in the future, such as placing print advertisements in a monthly trade publication for six months, advising employees of the anti-discrimination provision in questions, undergo monitoring for 3 years, and train its employees on this provision of the law.
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