Anna Maria Oyster Bar Fined For Hiring Discrimination: U.S. DOJ

BRADENTON, FL — After being accused of hiring discrimination, Anna Maria Oyster Bar was found to have “routinely discriminated against lawful permanent residents when checking their permission to work in the United States,” the U.S. Department of Justice said in a news release.

The Bradenton-based restaurant group agreed to a settlement with the agency.

“It is unlawful for employers to reject valid documents from lawful permanent residents and require them to present a specific document because of their citizenship status when checking their permission to work,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said. “Unnecessary and discriminatory obstacles in the onboarding process can harm those who wish to lawfully participate in our economy and deprive employers of their talents.”

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) launched an investigation into Anna Maria Oyster Bar after a worker complained that the company required her to provide a Permanent Resident Card to prove her citizenship status, “even though she had already presented sufficient proof of her permission to work,” the DOJ said.

IER investigators also found that the restaurant group’s treatment of the worker “was part of a larger practice” of hiring discrimination.

From at least March 1, 2023 to Sept. 1, 2023, the company asked applicants who are lawful permanent residents to submit documents issued by the Department of Homeland Security, usually their Permanent Resident Cards, to prove their citizenship, the investigation found.

“U.S. citizens, U.S. nationals, lawful permanent residents, those granted asylum or refugee status and other non-U.S. citizens with permission to work may legally work in the United States if they can prove their identity and permission to work,” the DOJ said.

Lawful permanent residents can use different types of documentation to prove their permission to work in the U.S.

The Immigration and Nationality Act prohibits employers from asking applicants “for specific or unnecessary documents because of a worker’s citizenship, immigration status or national origin,” the DOJ added. “Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine and to relate to the worker.”

According to Anna Maria Oyster Bar’s settlement with the DOJ, the company must pay a civil penalty of about $12,700, train its employees on the INA’s requirements and revise its employment policies.

Anna Maria Oyster Bar, founded by John Horne, opened its first location in 1995 in Bradenton Beach. Today, there are six locations in Manatee and Sarasota counties.