The Department of Justice (DOJ) has filed a lawsuit against the Tuscany Hotel and Casino LLC in Las Vegas claiming the hotel and casino “engaged in a pattern or practice of discrimination in the employment process.” Under the Immigration and Nationality Act (INA), employers are required to treat all authorized workers equally during the hiring, firing and employment eligibility verification process, regardless of their national origin or citizenship status.
According to the complaint, filed before the Office of the Chief Administrative Hearing Officer (OCAHO) of the DOJ, during the hiring process, Tuscany treated non-citizens differently from U.S. citizens during the employment eligibility verification and reverification process. Specifically, during the initial employment eligibility verification process, Tuscany requested non-citizen employees to provide additional or different documents or information than required of citizen employees. During the reverification process, Tuscany required non-citizen employees to bring specific documents that were not required of citizen employees. In addition, the DOJ noted that Tuscany subjected lawful permanent residents to unnecessary reverification based on their citizenship status by requesting and entering into the payroll system the expiration date of their Permanent Resident Cards (green cards).
“Employers must not treat authorized workers differently during the employment eligibility verification process based on their citizenship status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department vigorously enforces the anti-discrimination provisions of the INA so that authorized workers are treated fairly in the work place.”
The DOJ complaint seeks monetary and injunctive relief. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals from employment discrimination on the basis of citizenship status or national origin, including discrimination in hiring, firing and the employment eligibility verification (Form I-9) process.
The Las Vegas law office of Lagomarsino Law did not represent anyone involved in any cases that may be referenced above. This commentary is for educational purposes. If you would like to be represented by an attorney in our Las Vegas office, contact our office for a free confidential case review and receive a response within 24 hours. Call Toll Free 866-414-0400.