Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

THURSDAY, MAY 27, 1999

(202) 514-2007

WWW.USDOJ.GOV

TDD (202) 514-1888


JUSTICE DEPARTMENT SETTLES DISCRIMINATION CHARGE AGAINST LEGAL SEA FOOD INC.


WASHINGTON, D.C. -- Legal Sea Foods Inc., a Boston-based restaurant chain has agreed to pay more than $5,000 in back pay and civil penalties to settle an allegation of immigration related employment discrimination under an agreement reached today with the Justice Department.

The settlement resolves a charge filed in December 1998, with the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) of the Civil Rights Division. The original charge alleged that Legal Sea Foods discriminated against Lenroy Sulph, by refusing to accept his Jamaican passport which was stamped by the Immigration and Naturalization Service (INS) to show work authorization, when he applied for a job as a busboy at one of the restaurant's Boston locations. Sulph, who was authorized to work in the United States, claimed that Legal Sea Foods demanded to see a "green card" which had yet to be issued by the INS. Although Sulph was willing to provide documentation to verify work authorization and identity, he was refused employment by the restaurant. "Rejecting valid employment papers and insisting on particular documents is against the law," said John D. Trasviña, Special Counsel for Immigration Related and Unfair Employment Practices. Every individual, whether U.S. citizen or non-U.S. citizen, has the right to have valid documents accepted when they are hired. The company was cooperative in reaching this settlement, and we are pleased that the public interest was served."

The Immigration and Nationality Act prohibits employers from discriminating against a U.S. citizen or authorized worker by asking for more documentation than the law allows. Under the law, a foreign passport stamped by the INS to show work authorization is sufficient evidence of a person's identity and authorization to work in the United States.

The Office of Special Counsel was established to ensure that 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. OSC has received more than 6,000 charges, recovered over $1.8 million in back pay and $1.25 million in civil penalties.

Individuals seeking more information or assistance provided by OSC may call toll-free, 1-800-255-7688 or 202-616-5594 or write to:

Office of Special Counsel for Immigration Related Unfair

Employment Practices

P.O. Box 27728

Washington, D.C. 20038-7728

Email: osc.crt@usdoj.gov

www.usdoj.gov/crt/osc

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