The Department determined that the home care provider had discriminated against non-U.S. citizens when using E-Verify. E-Verify is an electronic program that enables enrolled employers to confirm an employee's permission to work in the United States. Bianchi Home Care Inc. (Bianchi) used E-Verify to perform employment authorization for non-U.S. citizen employees but not for U.S. citizens. By only subjecting these specific individuals to the E-Verify process, the company imposed an additional burden on those individuals during the hiring process as a result of their citizenship or immigration status. INA and E-Verify program rules prohibit employers from discriminating in their use of E-Verify based on these factors.

The settlement requires Bianchi to cease the selective use E-Verify based on an individual's citizenship or immigration status. Bianchi is also required to train employees on INA's anti-discrimination provision requirements, amend internal policies and procedures and be subject to a three-year monitoring window.

Employers are encouraged to review internal protocols regarding the use of E-Verify to ensure compliance with both E-Verify and INA program rules.

Posted: March 18, 2022