Justice Department Secures Agreement with Trailer Manufacturer to Resolve Immigration-Related Discrimination Claims and Announces a New Resource for Lawful Permanent Residents

The Justice Department announced today that it secured a settlement agreement with Great Dane LLC (Great Dane) resolving the department’s determination that Great Dane’s plant in Wayne, Nebraska, violated the Immigration and Nationality Act (INA).

The department determined that Great Dane discriminated against non-U.S. citizens by asking them for additional and unnecessary documents, or information from those unnecessary documents, to prove their permission to work. The department also announced the release of a new fact sheet to help lawful permanent residents learn about discrimination protections under the INA.

“It is unlawful for employers to add discriminatory barriers in the hiring process because of a worker’s citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring that workers enjoy the protections the law provides, including where barriers to employment are discriminatory.”

After opening an investigation based on a complaint from a lawful permanent resident, the department determined that Great Dane asked non-U.S. citizens, including the worker who submitted the complaint, to provide additional and unnecessary documents to prove their permission to work, because of their immigration status. For example, the department determined that even though the worker who filed the initial complaint provided sufficient information and documents to prove his permission to work — his state ID and unrestricted Social Security card — the company nevertheless wanted him to provide additional information from a Permanent Resident Card. The department determined that Great Dane failed to hire non-U.S. citizens who were unable to comply with the company’s unnecessary requests. Finally, the department also determined that Great Dane discriminated against non-U.S. citizens already working for the company by asking them for documents to prove their ongoing permission to work, even though it was unnecessary.

Lawful permanent residents (sometimes referred to as “green card holders”) can use different types of documentation to prove their permission to work. Lawful permanent residents do not have to show a Permanent Resident Card (or “green card”) or prove their immigration status when demonstrating their permission to work. As explained in the department’s new fact sheet, the INA protects lawful permanent residents from discrimination when an employer is verifying their permission to work. Employers cannot limit the valid documentation that a lawful permanent resident may show when verifying their ability to work. The fact sheet also explains how lawful permanent residents can get help if they are being discriminated against.

Under the terms of the settlement, the company will pay $218,000 in civil penalties to the United States and establish a backpay fund of $218,000 to compensate victims of the company’s discriminatory practices, including those whom it failed to hire or who lost work because they could not comply with the company’s discriminatory document demands. The agreement also requires Great Dane to train its personnel on the INA’s anti-discrimination requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements. People who think they may qualify for back pay under the settlement should contact the Civil Rights Division at Claims.GD@usdoj.gov.

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 based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; or retaliation and intimidation.

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s free hotline at 1-800-255-7688 for workers or at 1-800-255-8155 for employers (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Sign up for email updates from IER.