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JUSTICE DEPARTMENT REACHES DOCUMENT ABUSE

WASHINGTON, D.C. - The Office of Special Counsel has obtained full back pay for a Haitian national whose valid employment document was rejected by a Florida retailer, the Justice Department announced today.

The settlement resolves a charge filed against BrandsMart USA by Florida resident Jean Brutus, a Haitian national whose work-authorization and that of approximately 103,000 others was extended by INS in 1998 in relation to the Haitian Refugee Immigration Fairness Act of 1998. Brutus alleged that the company rejected his valid Employment Authorization Document (EAD) and requested another document. An EAD is the document provided to immigrants to establish their eligibility for employment and by law should have been accepted as valid proof of Brutus' status. The company, based in Hollywood, Florida, denies the allegation.

Under the terms of the settlement, BrandsMart USA, which agreed earlier this year to reinstate Brutus, will provide back pay of $1,547.14 to Brutus and will train its personnel in the hiring process. "Haitians, Hondurans, Nicaraguans and others under special INS programs are protected against unfair employment practices," said Special Counsel John Trasviña. " We are pleased by this settlement and will work to ensure that all workers are treated fairly."

The Office of Special Counsel was established to ensure all work-authorized individuals--U.S. citizens and non-citizens alike--are not subject to discrimination in the hiring process because of their national origin or citizenship status.

Individuals seeking more information or assistance provided by OSC may call toll-free, or write to:

Office of Special Counsel for Immigration

Email: osc.crt@usdoj.gov www.usdoj.gov/crt/osc

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