11.7.2 Unlawful Discrimination

11.7.2 Unlawful Discrimination

If an investigation reveals that you engaged in unfair immigration-related employment practices under the INA, IER may file a lawsuit. Settlements or lawsuits may result in one or more corrective steps, including:

  • Hiring or reinstating, with or without back pay, individuals directly injured by the discrimination;
  • Posting notices to employees about their rights and about employers’ obligations; and/or
  • Educating all personnel involved in the hiring process, about the proper procedures for verifying an individual’s employment eligibility, and complying with anti-discrimination laws.

The court may award attorneys’ fees to prevailing parties, other than the United States, if it determines that the losing parties’ argument is without foundation in law and fact.

Employers that violate the anti-discrimination provision of the INA may also be ordered to pay a civil money penalty. For more information on civil penalties, contact IER.

If you are found to have committed national origin or other prohibited discrimination under Title VII or other federal law, you may be ordered to stop the prohibited practice and to take one or more corrective steps, including:

  • Hiring, reinstating or promoting with back pay, benefits, and retroactive seniority;
  • Posting notices to employees about their rights and about the employer’s obligations; and/or
  • Removing incorrect information, such as a false warning, from an employee’s personnel file.

Under Title VII, compensatory damages may also be avail- able where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages may be available if you acted with malice or reckless indifference.

You may also be required to pay attorneys’ fees, expert witness fees, and court costs.


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