Cranston’s Provisional Staffing Solutions, Justice Dept. Reach Settlement in Discrimination Claim

Wednesday, May 10, 2017

 

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Cranston-based staffing agency Provisional Staffing Solutions reached a settlement agreement with the Justice Department to resolve the department’s investigation into whether Provisional discriminated against non-U.S. citizens when checking their work authorization documents. 

Provisional must pay a civil penalty of $16,290 to the United States, post notices informing workers about their rights under the Immigration and Nationality Act’s (INA) anti discrimination provision, train their human resources personnel and be subject to departmental monitoring and reporting requirements.

“The Justice Department cautions employers not to erect discriminatory barriers to employment. Companies large and small must ensure that their Form I-9 practices comply with federal law.  We appreciate Provisional’s cooperation with the Department to address this issue,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division.

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Investigation Findings 

The department’s investigation concluded that Provisional routinely requested that non-U.S. citizens present specific identity documents to prove their work authorization, such as a Permanent Resident Card (PRC), while not requesting a specific identity document from U.S. citizens.  Lawful permanents residents and other work-authorized non-U.S. citizens often have the same identity and work authorization documents available to them as U.S. citizens, and may choose from among the acceptable documents to prove they are authorized to work.  

The anti discrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employees’ citizenship or national origin. 

 

Related Slideshow: The Power List - Judiciary and Lawyers, 2016

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Michael Kelly — Street fighting litigator that is happy to take on cities, the state, big companies - it does not matter.

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Smooth

Mike Sweeney — From Alex and Ani to BENRUS to representing one of the top venture funds in the region, Sweeney is half corporate attorney and half business consultant.

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Lincoln-esque

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Understated

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Aggressive

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Editor's Note: At the time of publication, the recovery was over $40 million, which had been previously noted. The figure has been updated to reflect the total at the conclusion of the legal proceedings, as of 2017. 

 
 

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