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$________ – Civil Rights – Employment Discrimination – National Origin Discrimination – United States accuses international hotel chain of discrimination against foreign-born worker – Alleged violation of Immigration and Nationality Act.

U.S. District Court, Southern District of Florida

In this civil rights action, the United States accused a hotel of discriminating against an asylee. The matter was resolved via settlement.

The respondant, Hilton Worldwide (Hilton), is an international hotel chain. The Department of Justice asserted that a Hilton-owned hotel in Naples, Florida, discriminated against an asylee by improperly rejecting his Social Security card when the hotel reverified his employment authorization. This matter first came to the department’s attention through the worker hotline of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

The respondant was accused of violating the anti-discrimination provision of the Immigration and Nationality Act (INA). Under the INA, employers cannot reject an employee’s work-authorization documents by reason of the employee’s citizenship, immigration status, or national origin. When verifying or reverifying an employee’s work authorization, employers must allow workers to choose which documents to present from the lists of acceptable forms, and employers cannot reject documents that reasonably appear to be genuine and relate to the worker.The matter was resolved via settlement. Under the settlement agreement, the respondant will pay the worker $________ for lost wages, pay a $________ civil penalty to the United States, change its employment policies, and will be subject to two years of monitoring by the Justice Department. By the time of settlement, the respondant had rehired the complainant worker. The agreement is enforceable in the U.S. District Court for the Southern District of Florida, or any other court of competent jurisdiction.

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