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April 9, 2012

The U.S. Department of Justice (DOJ) March 22 announced that it has settled pattern or practice citizenship discrimination charges against Ross Stores Inc. in a case alleging that the company required noncitizen employees to produce more documents than necessary during the employment eligibility verification process.

The case stems from the complaint of a noncitizen employee at the company’s Ross Dress for Less store in San Ysidro, CA., who claimed that she presented a valid employment authorization document, but the company required her to produce more or different documents and eventually withdrew her job offer when she did not comply.

The DOJ alleged that Ross Stores subjected noncitizens to “excessive demands for documents issued by the Department of Homeland Security” to verify their employment eligibility. Such documents were not required of U.S. citizen employees, it said.

“Employers must not treat authorized workers differently during the employment eligibility verification process based on their citizenship status or national origin,” Assistant Attorney General for the Civil Rights Division Thomas Perez said in a statement. “The department is committed to ensuring authorized workers are treated fairly during the employment eligibility verification process.”

Under the settlement, Ross Stores agreed to reinstate the employee and pay her $6,384 in back pay, including interest. It also agreed to $10,825 in civil penalties to the United States.

The settlement also includes an agreement that the company will not discriminate or retaliate and will review its employment policies to ensure they comply with immigration law. Ross Stores also agreed to provide training for its human resources staff. 04.09.2012

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