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Immigration Law

Electronic I-9 Software Costs the Gap Over $73K in Penalties, Back Wages

DOJ, Nov. 29, 2021

"The settlement with Gap resolves claims that the company discriminated against certain non-U.S. citizens (including lawful permanent residents, refugees and asylees) and naturalized U.S. citizens because of their current or prior immigration status. The department found that Gap discriminated against workers by reverifying their permission to work, even though there was no legal reason to do so. The department also determined that Gap discriminated against some non-U.S. citizens because of their immigration status by requesting that they provide specific documents to confirm that they still had permission to work. The department concluded that Gap’s reliance on an electronic human resource management system (which had electronic Form I-9 functions) contributed to the company’s discriminatory conduct. As part of the settlement, Gap will pay $73,263 in civil penalties, provide back wages to an asylee and a lawful permanent resident who lost work because of Gap’s practices, train thousands of its employees nationwide, ensure that its electronic programs are compliant with applicable rules, and be subject to monitoring and reporting requirements.  Download Settlement Agreement.pdf"