January 2021

Global Agricultural Chemical and Seed Company Defeats DOJ Immigration-Related Employment Discrimination Charges

A global agricultural chemical and seed company defeated a dozen charges filed in the Immigrant and Employee Rights Section (IER) of the Civil Rights Division of the Department of Justice (DOJ). The charges were brought by 12 U.S. workers alleging reverse discrimination, asserting that the company unlawfully terminated and retaliated against them in favor of employing foreign workers. The U.S. workers were represented by a state legal aid agency. Faegre Drinker defended the company in the complex matter which included responding to multiple discovery requests and defending multiple witness interviews. After a two-year investigation, the IER dismissed the charges against the company and determined the IER did not have reasonable cause to believe that company discriminated against the individuals.

The IER enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which prohibits (1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee; (2) national origin discrimination in hiring, firing, or recruitment or referral for a fee; (3) unfair documentary practices during the employment eligibility verification, Form I-9 and E-Verify; and (4) retaliation or intimidation.

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