Macy's Fined $175,000 And Ordered To Create $100,000 Back Pay Fund For Violations Of Anti-Discrimination Law In The Form I-9 Process


In June 2013, Macy’s Retail Holdings and other Macy’s entities (Macy’s) entered into a settlement agreement with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (Office of Special Counsel). As stated in the settlement agreement, the Office of Special Counsel concluded that Macy’s committed unfair documentary practices in violation of the Immigration and Nationality Act during the Form I-9 employment eligibility re-verification process. In general, unfair documentary practices can include treating workers differently in the employment eligibility verification or re-verification process by demanding more or different I-9 documents, or by limiting an employee’s choice of I-9 documents, based on an individual’s immigration status or national origin. Among the penalties in the settlement agreement, Macy’s was ordered to pay a civil penalty of $100,000, create a fund of $100,000 to compensate individuals who suffered economic damages including suspension, termination or other periods of lost work, restore seniority to individuals with economic damages and provide training to its human resources personnel across the country on the anti-discrimination regulation. The Deputy Assistant Attorney General for the Civil Rights Division, in referencing this case, cautioned, "Employers must ensure that they follow correct procedures during the re-verification of employment authorization of non-U.S. citizens."