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The Justice Department announced Thursday that it has reached a settlement with Burford’s Construction LLC (Burford’s), an Alabama-based contractor specializing in vegetation clearing and maintenance for electrical utility companies and municipalities. The agreement resolves allegations that Burford’s routinely discriminated against lawful permanent residents during the hiring process by demanding specific, and sometimes unnecessary, documents to verify their eligibility to work.
According to the Justice Department’s Civil Rights Division, Burford’s practices violated the Immigration and Nationality Act (INA), which prohibits employers from imposing additional documentation requirements on workers based on their citizenship status. Assistant Attorney General Kristen Clarke of the Civil Rights Division emphasized the importance of protecting workers’ rights, stating, “Employers cannot demand specific or unnecessary documents from workers because of their citizenship status when checking their permission to work. All workers, regardless of citizenship status, deserve a hiring process that is free from discrimination.”
An investigation by the Civil Rights Division’s Immigrant and Employee Rights Section (IER) revealed that from at least Jan. 1, 2021, through May 30, 2023, Burford’s required lawful permanent residents—commonly known as green card holders—to present specific immigration documents, even when they had already provided sufficient proof of their eligibility to work.
As part of the settlement, Burford’s will pay $308,689 in civil penalties to the United States, revise its employment policies related to hiring practices, and train its personnel on anti-discrimination requirements. The company will also be subject to monitoring by the Justice Department to ensure compliance with federal laws.
The Justice Department also released a fact sheet for lawful permanent residents explaining their rights under the INA. While green card holders often use their green cards as proof of work authorization, they are not required to present specific documents. Workers are entitled to choose from a variety of acceptable documents to establish their eligibility, and employers are prohibited from limiting those options.
The fact sheet provides guidance for lawful permanent residents on how to report discrimination and seek assistance if they encounter unfair hiring practices. This settlement serves as a reminder of the federal protections in place to ensure all workers, regardless of their citizenship status, are treated fairly during the employment verification process.
