The Department of Justice, through its Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, has settled an anti-discrimination claim with Omnicare, Inc., a CVS Health Corporation subsidiary which provides long-term care pharmacy services in Ohio. IER had been investigating whether Omnicare violated the Immigration and Naturalization Act (INA’s) anti-discrimination provision against citizenship status discrimination.

An asylee job applicant complained that the company refused to consider him for an interview and removed from consideration for a job due to the fact that he was an asylee and not a lawful permanent resident or US. Citizen. The complaint and the subsequent IER investigation revealed that Omnicare engaged in citizenship status discrimination against a work-authorized job applicant.

The settlement agreement requires Omnicare to pay the maximum civil penalty for a single instance of citizenship status discrimination violation; post notices informing workers about their rights under the INA’s anti-discrimination provision; have its staff and contractors undergo DOJ-provided training on the INA’s anti-discrimination provision; evaluate all employment applicants in a non-discriminatory manner; and be subject to DOJ monitoring and reporting requirement for two years.