Clearinghouse coding complete
This is an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ). The DOJ initiated an investigation into Giant Food, a Pennsylvania-based grocery store chain with locations in various states, on December 8, 2021, following a charge of unfair documentary practices. A worker who was denied work for failing to provide a permanent resident card when demanded filed a charge with the DOJ, prompting the investigation.
Following the conclusion of the investigation, the DOJ determined that Giant Food discriminated against non-U.S. citizen workers when checking their permission to work in the United States, in violation of the Immigration and Nationality Act (INA). The INA’s anti-discrimination provision prohibited employers from asking for specific documents because of a worker’s citizenship, immigration status or national origin. The DOJ found that Giant Food, however, required lawful permanent residents to show their permanent resident cards to prove their permission to work, even when they had presented other valid documentation. The investigation also revealed that Giant Food refused to allow the charging worker to begin working because she did not present a green card as demanded. Giant Food allowed U.S. citizens to choose from various acceptable document types.
The parties reached a settlement agreement on October 31, 2022. Giant Food agreed to 1) pay a $11,000 civil penalty to the United States, 2) train staff on the INA’s anti-discrimination provision, 3) review and revise their hiring and employment policies, and 4) be subject to departmental monitoring for a three-year period. Giant Food also provided the charging worker with $18,000 in pay she missed due to the discrimination. The DOJ reserved the right to request compliance reports at any time. The agreement was set to expire in 2025.
As of December 2023, monitoring remains ongoing.
Summary Authors
Simran Takhar (12/30/2023)
Last updated Aug. 30, 2023, 1:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
United States Department of Justice Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Giant Food, Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Expungement of Employment Record
Develop anti-discrimination policy
Follow recruitment, hiring, or promotion protocols
Other requirements regarding hiring, promotion, retention
Post/Distribute Notice of Rights / EE Law
Provide antidiscrimination training
Amount Defendant Pays: $29,000
Order Duration: 2022 - None
Issues
General/Misc.:
Staff (number, training, qualifications, wages)
Discrimination Area:
Discrimination Basis: