Basking Ridge Company Violated Immigrant-Discrimination Law: Feds

BASKING RIDGE, NJ — The Department of Justice reached a settlement Wednesday with a Basking Ridge-based company that it claims violated a law that protects immigrant applicants. Collabera, Inc. — an information-technology staffing agency — agreed to pay nearly $90,000 to the United States and an affected worker.

Collabera implemented a discriminatory applicant-screening process, according to a DOJ investigation. The company's recruiters refused to pass non-U.S. citizens onto clients who held permanent work authorization, unless they could provide an unexpired immigration document.

The company engaged in "unfair documentary practices between Sept. 4, 2018 and March 31, 2019, according to the settlement. Collabera has offices around the nation and in Europe and Asia, but it is headquartered in Basking Ridge.

The DOJ also concluded that Collabera — on at least 39 occasions — required non-citizens to present specific documents to prove their work authorization because of their citizenship.

The Immigration and National Act (INA) prohibits employers from requesting more or different documents than necessary to prove work authorization based on an employee's citizenship, immigration status or national origin. The law states that prospective employees can choose which valid, legally acceptable documents to present to demonstrate they can work in the United States. (Employers can, however, reject non-genuine-looking documents).

Collabera did not return comment. The company must pay the United States a civil penalty of $53,000 and $35,475.92 as back pay to an affected worker.

“IT staffing companies and their end clients must not impose unlawful barriers to employment on non-U.S. citizens who have legal authorization to work in the United States,” said Acting Assistant Attorney General John B. Daukas, of the DOJ's Civil Rights Division. “We look forward to working with Collabera to ensure compliance with the anti-discrimination provision of the Immigration and Nationality Act.”

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