Tennessee’s booming transportation industry is represented by Covenant Transport Inc. and its affiliated company, Transport Management Services LLC, which are hit with a hefty $700,000 fine by Biden’s Department of Justice.
The Department of Justice (DOJ) fined a Christian trucking company in Chattanooga, Tennessee, $700,000. This action raises questions about government overreach and the difficulties employers have in managing their workforce.
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Under the Joe Biden administration, the Department of Justice claims that this action is intended to address alleged violations by Covenant and its affiliated company, Transport Management Services LLC, of the anti-discrimination provision of the Immigration and Nationality Act (INA).
The department accuses Covenant of discriminating against non-Americans. by placing onerous documentation requirements on citizen workers in order to confirm their legal eligibility for employment in the US.
From a press release issued by the DOJ:
A $700,000 deal has been reached by the Justice Department with Chattanooga, Tennessee-based trucking and transportation logistics firms Covenant Transport Inc. and Transport Management Services LLC. With this deal, the department’s conclusion that the businesses regularly discriminated against non-U.S. citizen workers by incorrectly determining the status of their work authorization.
“Employers cannot discriminate against non-U.S. citizens by demanding specific or unnecessary documents from them to prove their permission to work,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring compliance with our federal civil rights laws so that non-U.S. citizens with permission to work can contribute their talents to our workforce.”
The department’s investigation found that Covenant and Transport routinely discriminated against non-U.S. citizens between January 2020 and August 2022. citizens. These actions included asking other non-U.S. citizens to show their Permanent Resident Cards, also known as “green cards,” and requiring lawful permanent residents to show their cards. documents pertaining to their immigration status from citizens.
All workers, regardless of citizenship, immigration status, or country of origin, are guaranteed the freedom to select which legitimate and legally acceptable documents to present as identification and employment authorization under federal law. It is against the law for employers to demand particular or pointless documentation from their employees because of their national origin, immigration status, or citizenship. It is noteworthy that a large number of non-U.S. The same kinds of documentation that U.S. citizens have access to, such as a state ID or driver’s license and an unrestricted Social Security card, can be used by citizens, including those with lawful permanent residency, to prove their eligibility for employment. Employers are not allowed to refuse legitimate documents that seem authentic; instead, they must accept any acceptable documentation selected by the employee.
Covenant and Transport have consented to reimburse the United States for $700,000 in civil penalties. They will also update their employment policies, be subject to departmental oversight, and receive employee training on the INA’s anti-discrimination requirements.
Nonetheless, it is imperative to recognize the legitimate worries and duties that companies have to confirm the legal right to work of their workers.
Work permits are normally not issued to illegal immigrants, however there are some exceptions for certain populations, including refugees and those with Temporary Protected Status (TPS).
“Asylum seekers” who have filed their applications and received an Employment Authorization Document (EAD) are eligible to apply for work permits.
Since Gittes Law Group claims, “Under the Immigration Reform and Control Act of 1986 (IRCA), it is illegal for employers to knowingly employ undocumented workers. When employees are hired, their employer is required to ask for documents. The documents must show their identity and authorization to work in the U.S. Those documents must “reasonably appear to be genuine.”
“Employers must terminate, or refuse to hire, an undocumented worker if they find the worker is unauthorized to work. But, the employer cannot use immigration status as an excuse to fire undocumented workers who make discrimination complaints. Undocumented workers are covered by federal discrimination laws. The law prohibits employers from retaliating against workers who assert their legal rights. If an employer retaliates against an employee for exercising their right to file a discrimination complaint, the employer is breaking the law.”
As stated by the legal team:
Those who were born outside of the country and do not have U.S. citizenship or permanent residency are known as undocumented workers or immigrants. Because there is still uncertainty surrounding their immigration status, they are referred to as “undocumented”. These people lack the necessary authorization to work in the United States as a result.
There are situations when these two phrases have the same meaning. A person who was born abroad and entered the country illegally is considered an illegal immigrant or alien and may face deportation. It could also be used to describe someone who entered the country lawfully but has since lost their status and is subject to deportation. A foreign-born person who entered the country without inspection, overstayed their temporary visa, or otherwise broke the terms of their admission are considered undocumented immigrants and do not have a valid visa or other immigration documentation.
Some people find it offensive to refer to someone as a “illegal immigrant” or “alien,” believing that this implies that the person is inherently “illegal.” However, it’s crucial to remember that even though the person may be living in the United States illegally, their status—rather than their identity—is what makes them unauthorized. These people would be better described as “undocumented,” which appropriately reflects their lack of a valid legal status in the United States.
Our legal system is absurd!
A Christian trucking company is facing penalties from the Department of Justice (DOJ) for making sure that all of its employees follow the law. It seems that this fine is more intended as a penalty for a business that maintains ethical hiring practices.
It begins to look like the way out of this mess, is to only hire Drivers who have,
” REAL ID ” and acceptance of Only “SSAN” numbers not “TIN” ., REAL ID means you have proven your status at the DMV and they have a copy of your Birth Certificate or Naturalization document, any license NOT carrying the REAL ID symbol, Should not be acceptable as a License to operate a vehicle of ANY SORT in ANY STATE For any reason,…. and a reading/ writing/signs test should be administered at time of hire ” NO HABLA” means you dont speeky dee lingo man,…. so you cannot read the signs Like, detour, wrong way, do not enter, no trucks, speed limit, steep grade, runaway lane, and such