Justice Department Settles Immigration-Related Discrimination Claim Against the Denver Sheriff Department
The Justice Department recently reached a settlement resolving claims that the Denver Sheriff Department discriminated against work-authorized immigrants in violation of the Immigration and Nationality Act (INA). The Denver Sheriff Department is the largest sheriff department in the state of Colorado.
The Justice Department’s investigation found that from approximately Jan. 1, 2015, until approximately March 23, 2016, the Denver Sheriff Department discriminated based on citizenship status by requiring applicants for deputy sheriff positions to be U.S. citizens and publishing job postings with U.S. citizenship requirements, in violation of the INA. The INA’s anti-discrimination provision prohibits employers from limiting jobs to U.S. citizens except where the employer is required to do so by law, regulation, executive order or government contract. The Denver Sheriff Department was not subject to one of the INA’s exceptions.
Under the terms of the settlement agreement, the Denver Sheriff Department
will pay $10,000 in civil penalties; identify applicants who may have
been disqualified from consideration for deputy sheriff positions due
to the citizenship requirement and consider these applicants’ qualifications
without regards to their citizenship; train its human resources staff
on the anti-discrimination provision of the INA and review and revise
its policies and procedures to comply with the requirements of the INA’s
anti-discrimination provision.
“We commend the Denver Sheriff Department for its cooperation and
commitment to removing unnecessary and unlawful employment barriers,”
said Principal Deputy Assistant Attorney General Vanita Gupta, head of
the Justice Department’s Civil Rights Division. “Eliminating
this unlawful citizenship requirement will help ensure that the Denver
Sheriff Department hires the best and most qualified individuals to protect
and serve. The entire community will benefit from these reforms.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation and intimidation.
To learn more about the protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email osccrt@usdoj.gov
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing or recruitment or referral, should contact the OSC worker hotline for assistance.