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Panda Express settles federal worker discrimination lawsuit

Festival attendees line up at the world’s largest take-out box to try Panda Express’ General Tso’s Chicken at Chinatown Summer Nights on Saturday, Aug. 20, 2016, in Los Angeles.
Festival attendees line up at the world’s largest take-out box to try Panda Express’ General Tso’s Chicken at Chinatown Summer Nights on Saturday, Aug. 20, 2016, in Los Angeles. Invision for Panda Restaurant Group

The U.S. Justice Department has reached an $600,000 agreement with the operator of Panda Express, a restaurant chain with more than 1,800 locations, resolving an investigation into whether Panda Restaurant Group Inc. discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act when reverifying their permission to work.

As part of a settlement, the company will pay a $400,000 civil penalty and establish a $200,000 back pay fund to compensate workers who lost wages due to the company’s practices. The company also must train human resources workers on anti-discrimination requirements and will be subject to monitoring and reporting requirements, according to a news release.

An investigation found that Panda Express “unnecessarily” required lawful permanent resident workers to re-establish their work authorization when their permanent resident cards expired, but did not make similar requests of U.S. citizen workers when their documents expired, according to the release.

The company also routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization although they had already provided sufficient documentation. The law prohibits such document requests when they’re based on an employee’s citizenship status or national origin, according to the release.

Work-authorized, non-U.S. citizens who lost work at Panda Express between May 31, 2014, and June 28, 2017, due to Panda Express’ documentary practices may be eligible for back pay for wages they would have earned. For information, email IER.PEclaims@usdoj.gov.

Amy Leigh Womack: 478-744-4398, @awomackmacon

This story was originally published June 28, 2017 at 1:44 PM with the headline "Panda Express settles federal worker discrimination lawsuit."

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