St. Louis-based Ascension, which includes 40 Ascension Living senior living and care communities as well as 146 hospitals across 19 states and Washington, D.C., has reached a $84,832 settlement with the Department of Justice over software-based immigration-related discrimination claims. The Justice Department made the announcement Wednesday.
“Employers are reminded that while software programs may seem efficient, there is still a responsibility to ensure that programming decisions do not result in discrimination,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
Ascension was accused of violating the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens because of their citizenship status. The company allegedly requested more or different documents than were necessary when attempting to re-verify continued work authorization, according to the Justice Department.
Ascension used a customized employment eligibility verification software program to electronically complete Form I-9 and track the expiration date of non-U.S. citizens employee documents. An investigation found that the company “improperly programmed the software to send automated emails requesting proof of continued work authorization to all non-U.S. citizen employees, including U.S. nationals, lawful permanent residents, asylees and refugees, close to the expiration date of the documents they provided when completing the Form I-9.”
The Justice Department said that in some cases, Ascension additionally required non-U.S. citizen employees to present new documents to continue working. The company reportedly did not program the software to send emails to U.S. citizens, and, therefore, did not notify them that their documents were expiring.
The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to provide work authorization based on employees’ citizenship, immigration status or national origin.
Under the terms of the settlement agreement, Ascension will pay a civil penalty of $84,832 and train its employees on the requirements of the INA’s anti-discrimination provision, including Civil Rights Division Immigrant and Employee Rights-provided training. The company will be monitored for three years to ensure compliance with the settlement.
Ascension had not responded to a request for comment by McKnight’s Senior Living’s production deadline.
