West Liberty Foods, L.L.C. agreed in March 2018 to pay $52,100 and overhaul its employment verification practices to resolve a U.S. Department of Justice finding that the turkey processor discriminated against noncitizen workers at its Bolingbrook, Illinois, plant. The hiring discrimination settlement with West Liberty Foods closed an investigation by the Immigrant and Employee Rights Section (IER) of the DOJ’s Civil Rights Division into how the company handled Form I-9 paperwork between November 6, 2014, and January 19, 2017.1U.S. Department of Justice. West Liberty Foods Settlement Agreement
What the Company Was Doing
Federal law lets workers choose which documents to present from an official list when they fill out the Form I-9. Employers cannot demand specific documents or extra paperwork based on someone’s citizenship or immigration status.2U.S. Department of Justice. IER’s Frequently Asked Questions
The IER found that West Liberty Foods routinely asked noncitizen hires at Bolingbrook to produce specific Department of Homeland Security documents, such as permanent resident cards or Employment Authorization Documents, to prove they could work. U.S. citizens hired at the same facility faced no comparable demand.3U.S. Department of Justice. Justice Department Resolves Discrimination Claim Against Bolingbrook, Illinois, Meat Processing Company That conduct is called “unfair documentary practices” under the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. ยง 1324b(a)(6).1U.S. Department of Justice. West Liberty Foods Settlement Agreement
What the Settlement Required
The agreement was signed by West Liberty Foods on February 27, 2018, and by the IER on March 5, 2018. It ran for two years and imposed these obligations:1U.S. Department of Justice. West Liberty Foods Settlement Agreement
- A $52,100 civil penalty payable to the U.S. Treasury.
- An IER webinar for every Bolingbrook employee who completes or supervises I-9 and E-Verify work, within 90 business days; new or promoted verifiers within 60 business days.
- Revised written policies within 60 business days, explicitly prohibiting requests for extra or specific documents based on citizenship or immigration status and setting up a process to refer complaints to the IER.
- Display of the IER’s “If You Have The Right to Work” poster in English and Spanish at the Bolingbrook facility.
- IER authority to inspect the premises, interview witnesses, and audit I-9 records throughout the two-year term.
- A bar on threatening or retaliating against anyone who took part in the investigation or asserted rights under the statute.
Acting Assistant Attorney General John Gore said the DOJ “commend[ed] West Liberty Foods for its cooperation with the Department’s investigation.”3U.S. Department of Justice. Justice Department Resolves Discrimination Claim Against Bolingbrook, Illinois, Meat Processing Company
A Company Previously Recognized for Compliance
West Liberty Foods had been publicly recognized for its immigration compliance before the DOJ investigation. In May 2011, it became the first Iowa business certified under ICE’s IMAGE program, a voluntary partnership designed to curb unauthorized employment and document fraud. To get certified, the company underwent an ICE Form I-9 audit, enrolled in E-Verify, and trained staff on screening and anti-discrimination practices.4U.S. Immigration and Customs Enforcement. First Iowa Business Partners With ICE, Joins IMAGE Program Tara Lindsay, then the company’s vice president of human resources, called the program “the best way we can ensure our team members are eligible for employment.”5WattPoultry.com. Iowa Meat Processor Gains Immigration Enforcement Certification The discriminatory practices the DOJ later identified began roughly three years after that certification.
Recognizing the Violation
The pattern the DOJ described in this case shows up often enough that the department has called unfair documentary practices one of the most common employer errors during hiring verification.2U.S. Department of Justice. IER’s Frequently Asked Questions If an employer asks a lawful permanent resident or work-authorized noncitizen to hand over a specific DHS document, while letting citizen coworkers pick freely from the I-9 list, that disparity is the violation. Workers can report it to the IER, which is the same office that investigated and settled with West Liberty Foods.