The Department of Justice today announced that it has reached a settlement agreement with Southwest Key Programs (SKP), an organization that operates detention centers in several states, including Texas. The settlement resolves a claim that SKP retaliated against a former employee in violation of the antidiscrimination provision of the Immigration and Nationality Act (INA).
“Employers should never retaliate against workers for stating that they will file a discrimination complaint with the government,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will vigorously pursue claims involving employers that retaliate against workers and we are pleased to have recovered financial compensation from Southwest Key Programs for the affected worker.”
According to the Department’s investigation, a former SKP employee applied for several jobs with SKP after receiving his renewed employment authorization documentation. However, an SKP human resource staffer told the former employee that SKP would not rehire him because he previously stated that he would file a discrimination complaint regarding a dispute about his employment documentation. The Department also concluded that the SKP staffer further retaliated against the former employee by spreading misinformation about him to SKP colleagues to prevent him from being rehired.
The INA’s antidiscrimination provision generally prohibits employers from retaliating against workers because they intend to file a discrimination complaint, or for exercising rights protected under that provision.
Under the terms of the settlement agreement, SKP will, among other things, give the former employee front pay, and back pay plus interest, totaling over $68,000; pay a civil penalty; train its workers; and be subject to departmental monitoring.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the antidiscrimination provision of the INA. Among other things, the statute prohibits discrimination against individuals who are authorized to work based on their citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
For more information, go to https://www.justice.gov/opa/press-release/file/1266186/download.