CALIFORNIA COMPANY AGREES TO PAY JUSTICE DEPARTMENT $28,000 TO SETTLE WORKPLACE DISCRIMINATION CHARGES

US Department of Justice, Jul 07, 1999

WASHINGTON, D.C. -- A Southern California company that manufactures campers today agreed to pay $28,000 in civil penalties to settle allegations that it unlawfully singled out only those applicants who it perceived to look or sound foreign, and required them to produce certain unnecessary documents proving they were eligible to work in the U.S.

The settlement resolves a charge filed in January 1999 against the Lance Camper Manufacturing Corporation of Lancaster, California. The charge, filed with the Justice Department's Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), alleged that Lance Camper engaged in immigration related workplace discrimination.

Today's settlement follows an investigation into the company's conduct that the Justice Department launched following a settlement that it reached earlier this year on behalf of a prospective employee. In that matter, Josefina Arreola filed a charge in April 1998 with OSC asserting that she was denied a job by Lance Camper because she was perceived to be a non-U.S. citizen. In January, Lance Camper paid $5,000 in back pay and civil penalties to settle the matter. As a result of the charge, OSC conducted a thorough investigation of the company which lead to today's agreement. OSC's investigation found that Lance Camper required only those job applicants who it perceived to look or sound foreign to produce INS-issued documents for employment eligibility verification, even though some of the applicants were Latino U.S. citizens. During its investigation, OSC found more than 140 instances of discrimination.

"Treating individuals differently simply because of their foreign appearance or accent is simply wrong," said John Trasviña, Special Counsel for OSC. "This settlement serves the public interest and we are pleased by the company's cooperation with the investigation."

Under today's settlement, Lance Camper will pay $28,000 in civil penalties and will educate its staff within 30 days on the anti-discrimination provision of the Immigration and Naturalization Act (INA).

INA prohibits employers from discriminating against U.S. citizens and authorized workers because they look or sound "foreign." Under the law, employers must treat all employees the same during the employment verification process, and must also accept documents that reasonably appear to be genuine and relate to the individual. Employers should not question documents merely because the employee does not speak English or appears or sounds "foreign."

OSC was established to ensure that all work-authorized individuals -- U.S. citizens and non-citizens alike -- are not subject to discrimination in the hiring process because of their national origin or citizenship status. OSC has received more than 6,000 complaints and recovered more than $1.9 million in back pay and $1.3 million in civil penalties. Individuals seeking more information or assistance provided by OSC may call toll-free, 1-800-255-7688 or 202-616-5594 or write to:

Office of Special Counsel for Immigration Related Unfair Employment Practices Post Office Box 27728 Washington, D.C. 20038-7728 Email: osc.crt@usdoj.gov http://www.usdoj.gov/crt/osc

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