Late Friday, you might have (ok, I’m sure you did) missed a press release from the United States Department of Justice announcing a settlement with a staffing agency in California.

The charge? That a staffing company “discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).”

Now, I’m sure you all know (ok, I’m sure a few of you don’t know), that after an offer of employment is made, employers must require the to-be-hired individuals to present documentation to verify their eligibility to work in the United States.

But the DOJ charged that the “company’s staff required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility verification process to establish their work authority. The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the employment eligibility verification process based on their citizenship status or national origin.”

I’ve previously discussed the I-9 form in some prior posts.  But in essence, employers need to use consistent practices at the start of employment.

The staffing agency is learning this issue the hard way:  Under the settlement agreement, the company “will pay $230,000 in civil penalties to the United States, create a $35,000 back pay fund to compensate individuals who may have lost wages due to the company’s practices and undergo training on the anti-discrimination provision of the INA.”  Oh, and the agency will be subject to government monitoring and reporting requirements for three years.

Employers have a lot to worry about when hiring new employees.  Add consistent treatment of new hires to the list.

The American Bar Association’s Labor & Employment Law Annual Conference is going on right now in Atlanta, Georgia.  As I’ve recapped on this blog before (here, for example), there are some terrific programs and educational opportunities there. 

I wasn’t able to make it down this year, but due to the wonders of technology, I’ve been able to get a lot of the benefits of it without being there.

Why? Two reasons, which I hope you’ll find useful too.

First, and most importantly, all of the conference materials are available online. For free.  And to top it off, no ABA membership is required. 

It’s a great service and one that you ought to take advantage of. Why? Because there are some very good papers that you can download.  Here are some highlights:

These are terrific resources for the in-house lawyer in particular but human resources personnel may get a lot out of it as well.

Second, I also have been following the conference along on Twitter. How so? By doing a search for a hashtag (or keyword).  Do a search for “#abalel” and you will find dozens of tweets about things going on in the conference. You can also follow the ABA Labor & Employment Law Section at @abalel.