Settlement Reached in E-Verify Discrimination Case

The Department of Justice (Department) settled a case involving claims that a Washington state-based home care provider violated the Immigration and Nationality Act (INA)

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

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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