McDonald’s Franchisee Fined Up to $40,000 for Discriminating Against Migrant Worker in San Diego

SAN DIEGO, CA – The U.S. Department of Justice (DOJ) announced that it reached a settlement agreement with Sutherland Management Company, a California-based franchisee that operates four McDonald’s locations in the San Diego area, following complaints received that the company discriminated against non-U.S. citizens in proving their permission to work.

“Under federal law, employers cannot discriminate by asking workers for more documents than necessary, or specific documents, to prove their permission to work because of their citizenship status, immigration status or national origin,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division.

The department’s investigation began after a non-U.S. citizen complained that Sutherland Management Company refused to accept his valid documentation proving his permission to work and demanded a different document.

During the inquiries, it was revealed that the company routinely discriminated against non-U.S. citizens, primarily lawful permanent residents, by requiring them to present specific documents, issued by the Department of Homeland Security, to prove their permission to work in the United States.

In addition, it was discovered that Sutherland Management Company refused to allow the complainant to begin work until he presented the unnecessary documentation….

The anti-discrimination provision of the Immigration and Nationality Act (INA) prohibits employers from requiring more documents than necessary – or specifying the type of documentation a worker must present – to prove work authorization because of the worker’s citizenship, immigration status or national origin.

Under the agreement, Sutherland Management Company will pay $40,000 in civil penalties to the United States, pay lost wages to the complaining worker, review and revise its employment policies to comply with the INA’s anti-discrimination provision, and train its employees to verify workers’ permission to work in the United States.

Source: MEXICONOW Staff