Back to Top skip to main content
GandS U.S. Immigration Logo
Jul 11, 2017

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST PANDA EXPRESS

Andrew Clancy Rodgers

The Department of Justice recently announced that it had reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) over the company’s alleged discrimination against non-U.S. citizens in violation of the Immigration and Nationality Act (INA) when reverifying their permission to work.  The settlement highlights the importance of proper Form I-9 verification and reverification procedures, and exemplifies how the employment of unauthorized workers is not the only legal issue employers must be aware of when hiring employees.

By way of background, INA § 274B (as codified at 8 U.S.C. § 1324B) prohibits four types of unlawful conduct: 1) unfair documentary practices during the Form I-9 and E-Verify process; 2) Citizenship or immigration status discrimination; 3) National origin discrimination; and 4) Retaliation or Discrimination.  In this case, the Department of Justice’s investigation concluded that Panda Express unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, which is prohibited by Form I-9 guidance. No similar requests to U.S. citizen workers were made when their documents expired.  Additionally, the investigation concluded that Panda Express routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization, despite evidence that they had already provided sufficient documentation. 

Under the settlement, Panda Express will pay a civil penalty of $400,000 to the United States and establish a $200,000 back pay fund to compensate workers who lost wages due to the company’s practices. The company must also train its human resources personnel on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring requirements. 

For more information regarding Form I-9 and the employment verification process, or to develop comprehensive immigration-related hiring processes for your organization, contact us today.

Related Team

Related Services:

Recent Blogs

Apr 13, 2021

F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online

On April 12. 2021 USCIS announced that F-1 students can now file Form I-765 Application for Employment Authorization online when applying for Pre-Completion OPT, Post-Completion OPT, or a 24-month OPT STEM extension. Learn more in this blog.

Apr 07, 2021

H, L, J-Visa Holders No Longer Suspended from Entry into the United States but Most Noncitizens Remain Subject to Travel Restrictions

Presidential Proclamation 10052, suspending H-1B, H-2B, J and L admissions, expired March 31, 2021. Ongoing 2019 novel coronavirus (“COVID-19”) public health travel restrictions remain in place requiring travelers from certain areas to qualify for national interest exceptions. U.S. Consulates are still operating at reduced levels and will have to work through backlogs as the pandemic ends. Learn more in this blog.

Mar 23, 2021

U.S. Restrictions on Travel from Canada to the United States

Restrictions on U.S. – Canadian border travel will continue for at least another month. It is possible to fly from Canada to the United States. Those flying into the U.S. must have a COVID-19 test and may need advance permission. Learn more in this blog.