DOJ reaches settlement in discrimination claims against Gap

The Department of Justice (DOJ) announced on Monday that it had reached a settlement with Gap Inc. following claims that the company violated a discrimination law. 

Gap was accused of “routinely discriminating against certain non-U.S. citizens working for the company,” according to a statement from the DOJ.

The Justice Department said it resolved claims that the company had reverified certain employees’ permission to work without any legal basis and asked some non-U.S. citizens to provide documentation that they still had permission to work. The department found that Gap’s electronic human resource management system contributed to the discriminatory practices at the company.

“As the department concluded, our reliance on an electronic I-9 system contributed to this issue,” a Gap Inc. spokesperson said in a statement to The Hill. “That system is no longer in use, and we believe we are in compliance with all federal requirements.” 

Per the settlement agreement, Gap will pay more than $73,000 in civil penalties. The company will also train its employees, make sure electronic programs are in compliance with relevant rules and consent to monitoring and reporting requirements. Additionally, it will compensate an asylee and a lawful permanent resident who lost work because of the discrimination. 

The settlement came on the 35th anniversary of the anti-discrimination provision of the Immigration and Nationality Act (INA).

“This settlement with Gap underscores the division’s work over the last 35 years to end unlawful employment discrimination,” Assistant Attorney General Kristen Clarke, who works in the Civil Rights Division of the DOJ, said in the statement. 

The Immigrant and Employee Rights Section of the DOJ has settled more than 100 cases involving discrimination claims and violations of the INA. These actions have resulted in more than $11.5 million in back pay for the victims of such discrimination.