A proposed bill in the Washington State House of Representatives, House Bill 2568, would prohibit the state and municipalities from requiring that a private employer use the E-Verify program, unless required by the federal government.

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Like several states, Washington has a number of cities and counties that have mandated the use of E-Verify for certian businesses. These E-Verify-mandated municipalities currently include Centralia, Chehalis, Clark County, Kennewick, Lakewood, Lewis County, Napavine, Pierce County, City of Sumner, Washougal, and Whatcom County. If adopted, HB 2568 will override these policies, and in effect limit E-Verify participation in the state of Washington to a voluntary or federally mandated basis. The bill would prevent state and local governments from requiring employers to use E-Verify as a condition of receiving a contract, applying for or maintaining a business license, or as a penalty for violating licensing or similar laws. California and Illinois currently impose similar E-verify limits at the state level.

Today, the Department of Justice announced another “6-figure” anti-discrimination settlement agreement – this one with the University of California San Diego Medical Center – to resolve allegations that the hospital failed to comply with proper I-9 procedures for non-citizens who are authorized to work in the United States. As described in my earlier blog post in December, the Department of Justice (DOJ) filed suit against UCSD Medical for an alleged pattern or practice of requesting excessive I-9 documentation. Under the terms of the settlement announced today, UCSD Medical has agreed to pay a civil penalty of $115,000, one of the higher civil penalties we’ve seen to date. In addition, UCSD has agreed to conduct supplemental training of its human resources personnel on their responsibilities to avoid discrimination in the employment eligibility verification process and work with the DOJ to ensure compliance with proper Form I-9 processes across all University of California campuses, medical centers and facilities.

The Justice Department announced a settlement today with Garland Sales Inc., a Georgia rug manufacturer, resolving allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and that it retaliated against a worker for protesting his discriminatory treatment. According to the settlement, Garland has agreed to pay $10,000 in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices.

In its complaint, the department alleged that the charging party, a naturalized U.S. citizen of Hispanic descent, applied for a job with Garland in May 2009. At the time of hire, he presented his unexpired driver’s license and an unrestricted Social Security card—a combination of documents sufficient to prove his identity and his authorization to work in the United States. The complaint alleged that Garland demanded that the he provide his “green card,” even though U.S. citizens do not have green cards. After Garland made further requests for documents, the worker objected to the company’s demands, and Garland then rescinded the job offer. The worker, along with another individual who was denied employment with Garland when the company rejected the individual’s valid documentation, will receive full back pay out of the $10,000 settlement.

The department’s complaint also alleged that Garland required newly hired non-U.S. citizens and foreign-born U.S. citizens to present specific and additional work authorization documents beyond those required by federal law. The Immigration and Nationality Act (INA) requires employers to treat all authorized workers in the same manner during the hiring process, regardless of their national origin or citizenship status.

The Justice Department announced today that it reached a settlement with BAE Systems Ship Repair Inc., a leading provider of ship repair services, to settle allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of discrimination by imposing unnecessary and additional documentary requirements on work-authorized non-U.S. citizens when establishing their eligibility to work in the United States.

The department alleges, based on an extensive investigation, that since at least Jan. 1, 2009, BAE Southeast Alabama imposed different and greater requirements in the Form I-9 employment eligibility verification process on lawful permanent residents as compared to U.S. citizen employees by requiring all newly hired lawful permanent residents to present Permanent Resident Cards, commonly known as “green cards,” as a condition of employment. The investigation was initiated after BAE Southeast Alabama suspended a lawful permanent resident even though he had presented valid documents sufficient under the Immigration and Nationality Act (INA) to establish his work authorization on three separate occasions. The INA requires employers to treat all authorized workers in the same manner during the employment eligibility verification process, regardless of their national origin or citizenship status.

“Employers may not treat authorized workers differently during the employment eligibility verification process based on their citizenship status,” said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.”

According to the settlement agreement, BAE agreed to ensure that the employment eligibility verification policies and procedures of all its subsidiaries comply with the law, to train its human resources personnel about employers’ responsibilities to avoid discrimination in the employment eligibility verification process, and to produce Forms I-9 for inspection for three years. BAE also agreed to pay $53,900 to the United States. The lawful permanent resident who was suspended was previously reinstated and fully compensated by BAE.

A judge fined the owner of a popular restaurant and bakery nearly $400,000 Thursday for employing illegal immigrants in a rare case of federal prosecutors charging an employer with illegal hiring.

Michel Malecot, 59, was spared prison time and his fines and penalties were below the $650,000 sought by federal prosecutors.

Malecot, a naturalized U.S. citizen from France and a major donor to local charities, appeared to hire illegal immigrants at The French Gourmet out of compassion rather than to take advantage of them, said U.S. District Judge Thomas Whelan, who also ordered five years of probation.

The case has drawn attention from restaurant owners because criminal prosecutions of employers are fairly rare. Federal prosecutors face high burdens of proof to show that employers knowing hired illegal immigrants.

“U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (NOIs) to various employers on Friday, Nov. 4. These inspections are designed to determine whether or not the businesses are violating U.S. employment laws by hiring unauthorized workers. The names and locations of the businesses will not be released at this time due to the ongoing nature of the inspections,” according to a statement released by the ICE public affairs department today.