On May 31, 2012, the Department of Justice (DOJ) filed a lawsuit against Tuscany Hotel and Casino, LLC in Las Vegas, alleging that the company engaged in discrimination during the employment eligibility verification of new employees and the re-verification of work eligibility for existing employees. The complaint, which seeks monetary and injunctive relief, alleges that the company treated non-U.S. citizens differently from U.S. citizens by requesting that they provide additional or different documents during the initial employment eligibility verification process. In addition, the complaint alleges that the company required existing employees to present specific documents during the re-verification process and subjected lawful permanent residents to improper re-verification based on their citizenship status as a result of requesting and recording the expiration dates of these individuals’ Permanent Resident Cards into the company’s payroll system for re-verification purposes.
According to the anti-discrimination provisions of the Immigration and Nationality Act (INA), employers must treat all authorized employees equally during the hiring, termination, and employment eligibility verification process, irrespective of their national origin or citizenship status. The law further prohibits employers from committing document abuse during the employment eligibility verification process based on employees’ citizenship status or national origin.