Justice Department Secures Agreement with Florida Restaurant Group to Resolve Immigration-Related Discrimination Claims

The Justice Department announced today that it secured an agreement with Anna Maria Oyster Bar Inc., a restaurant group based in Bradenton, Florida. The agreement resolves the department’s determination that the restaurant group routinely discriminated against lawful permanent residents when checking their permission to work in the United States.

“It is unlawful for employers to reject valid documents from lawful permanent residents and require them to present a specific document because of their citizenship status when checking their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Unnecessary and discriminatory obstacles in the onboarding process can harm those who wish to lawfully participate in our economy and deprive employers of their talents.”

After conducting an investigation based on a worker’s complaint, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) concluded that Anna Maria Oyster Bar had required a specific document — a Permanent Resident Card — from a worker to prove her citizenship status, even though she had already presented sufficient proof of her permission to work. IER also found that the restaurant group’s treatment of this worker was part of a larger practice of requesting documents issued by the Department of Homeland Security, typically Permanent Resident Cards, from lawful permanent residents to prove their citizenship status, which lasted from at least March 1, 2023, to at least Sept. 1, 2023.  

U.S. citizens, U.S. nationals, lawful permanent residents, those granted asylum or refugee status and other non-U.S. citizens with permission to work may legally work in the United States if they can prove their identity and permission to work.

As explained in the department’s new fact sheet, lawful permanent residents (sometimes referred to as “green card holders”) can use different types of documentation to prove their permission to work. The Immigration and Nationality Act (INA)’s anti-discrimination provision prohibits employers from asking for specific or unnecessary documents because of a worker’s citizenship, immigration status or national origin. Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.

Under the terms of the settlement, Anna Maria Oyster Bar will pay a civil penalty to the United States, train its employees on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.

IER is responsible for enforcing the INA’s anti-discrimination provision. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.

IER’s website has more information on lawful permanent residents’ rights under the INA and how employers can avoid unlawful discrimination when verifying someone’s permission to work. Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a live webinar; watch an on-demand presentation; or visit IER’s English and Spanish websites. Sign up for email updates from IER.

Department of Justice
Office of Public Affairs

Source: Justice.gov