On May 31, 2011, the Department of Justice issued a press release announcing a settlement agreement with the American Academy of Pediatrics (AAP), resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting hiring to U.S. citizens and certain visa holders, even though other work-authorized individuals should have been allowed to apply. Under the settlement, Pappas and Sons agreed to pay a civil penalty to the United States and back wages to the Charging Party, train the companys human resources personnel on the requirements of the INAs antidiscrimination provision, and be subject to departmental reporting and monitoring requirements. OSCs investigation found that North American Shipbuilding barred an employee from company premises because the employee filed a charge with OSC, in violation of the anti-retaliation provision of 8 U.S.C. Centerplate, Inc. (Unfair Documentary Practices) January 2013. As part of the settlement agreement, the company will pay $1,100 in civil penalties, full back pay to one identified victim, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA). The Divisions investigation concluded that the companys South Plainfield branch violated the Immigration and Nationality Act by routinely discriminating against lawful permanent residents based on their citizenship status, including the charging party, when verifying their work authorization. 1324b(a)(1)(B). On September 25, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Infinity Group (IG), resolving allegations of Unfair Documentary Practices in the employment eligibility verification process. The Divisions investigation determined that Ichiba, a ramen restaurant in New York City, denied a qualified applicant employment in the summer of 2017 because it preferred to hire wait staff of Japanese or Korean national origin. On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. Contact the Webmaster to submit comments. Several types of damages can be awarded to retaliation complainants. Under the agreement, Culinaire will pay $20,460 in civil penalties to the United States, set aside a fund of $40,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for 20 months. 1324b. On June 21, 2010, the Division signed an agreement with Mortons Restaurant and the Charging Party resolving claims of citizenship status discrimination in the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9. Crop Production Services, Inc. (Citizenship Status) September 2017. Aerojet Rocketdyne, Inc. (Citizenship Status) May 2021. 1324b. This can include instances where a person feels they were fired unfairly or that they have experienced a negative influence on the way they have been treated. Complaints of retaliation are The Complaint alleges that a related entity, Gulf Coast Workforce, LLC, is also responsible for these practices. 1324b, over approximately two-years. The hostile work environment included verbal and physical harassment at the main office and at various locations the employee visited on business trips. The District serves suburban and rural communities in Marion County, Oregon. The Charging Party has full-time employment and did not seek reinstatement. 1324b(a)(1) and (a)(6). The settlement agreement requires that Mrs. Fields pay a civil penalty of $26,400, train relevant employees about the requirements of 8 U.S.C. The Division's investigation concluded that Accountemps refused to refer the charging party for a federal government contract position because, as a naturalized citizen, the charging party was not born in the United States. On November 7, 2018, IER reached a settlement with MJFT Hotels of Flushing LLC (MJFT), the management company for the Hyatt Place Flushing/Laguardia Airport hotel, to resolve a complaint that the company discriminated against a work-authorized immigrant in the hiring process. Culinaire International (Unfair Documentary Practices) September 2014. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The investigation revealed that the company had a pattern or practice of requesting more or different documents from lawful permanent residents when their Permanent Resident Cards expired. On January 26, 2021, the Division signed a settlement agreement with Quantum Integrators Group to resolve a charge of discrimination in referral for a fee and unfair documentary practices based on citizenship status. On May 23, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with ISS Facilities Company, to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices by requiring non-citizen employees to produce a List A I-9 document issued by the U.S. Department of Homeland Security, instead of allowing individuals the choice to produce List C documents. On February 25, 2019, IER reached a settlement with CFA Institute (CFAI), to resolve a reasonable cause finding that the company violated the Immigration and Nationality Acts anti-discrimination provision by preferring to hire as exam graders CFAI members with H-1B or similar high-skill temporary visas over its U.S. worker members, based on citizenship status. 1324b(a)(1)(A). On February 28, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with The Agency Staffing, Inc. On March 3, 2017, a tribunal found Mar-Jac liable for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018. The settlement requires General Motors to pay $365,000 in civil penalties, undergo training, enhance its procedures to promote compliance with the INAs anti-discrimination provisionincluding while conducting export control assessments under different lawsand undergo reporting and monitoring requirements. 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. On July 6, 2020, the Division signed a settlement agreement with Bel USA LLC, resolving claims that Bel USA, located in Miami-Dade County, Florida regularly required work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens, to provide specific Department of Homeland Security-issued employment eligibility documents during the employment eligibility verification process because of their citizenship or immigration status. Here, protected activity means exercising one's legal right to lodge a formal complaint (or participate as a witness it its investigation) in instances of inappropriate/unsafe behaviors at the office (such as discrimination on the basis of protected traits such as race, gender, disability, sexual orientation, national origin, genetic information, etc.). 1324b(a)(6). 1324b(a)(6). The ITAR does not authorize or require employers to exclude asylees and refugees from consideration and hire only U.S. citizens and lawful permanent residents. Travel Management Company (Citizenship Status) August 2014. The agreement resolves an allegation that the company applied enhanced employment eligibility procedures to work-authorized non-U.S. citizens that were run through E-Verify. 1324b(a)(1)(B). Micron Technology, Inc. (Citizenship Status) April 2023. As part of the settlement agreement, AAP will pay $22,000 in civil penalties to the government. OSC's investigation concluded that Standard TyTape Company engaged in a pattern or practice of Unfair Documentary Practices in violation of U.S.C. On May 8, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with The Data Entry Company, a federal government contractor, resolving a claim that the Respondent discriminated against the Charging Party when it refused to consider her application for a contract position with DHS because of her dual citizenship. Under the terms of the settlement agreement, the Respondent will pay $320,000 in civil penalties, provide back pay to an economic victim, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period. On October 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Serendipity Hearing, Inc., d/b/a Sonus Hearing Care ("Sonus"), resolving violations of 8 U.S.C. Under the terms of the settlement agreement, Standard TyTape Company will pay a civil penalty, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring. On June 10, 2015, OCAHO granted OSCs motion for summary decision against Estopy Farms. Settlement Press Release Settlement Agreement, JMJ Talent Solutions, Inc. (Unfair Documentary Practices) May 2022. WebThe firm has received the largest jury verdict in U.S. history in a gender discrimination lawsuit; the largest jury verdict in a Title IX lawsuit; one of the largest settlements in a The agreement resolved allegations that the company rejected a work-authorized asylee, at both initial hire and when subsequently re-verifying the refugee's employment authorization, rejected the employee's valid driver's license and unrestricted Social Security card and required him to produce an Employment Authorization Document (EAD). Neither of these citizenship status requirements were required to comply with Oregon law and thus the investigation found that the City of Eugene violated the INA's anti-discrimination provision. The EEOC reviews the employer retaliation claim and decides whether or not it is founded. IERs investigation found that the company asked the three lawful permanent residents to show specific documents to prove their permission to work in the United States rather than giving them a choice as to which acceptable documentation to show, based on their citizenship status. On June 3, 2020, IER signed a settlement agreement with ChemArt, a Rhode Island manufacturing company, resolving claims that the company discriminated against a worker during the employment eligibility verification process and then retaliated against her. The company paid a $500 civil penalty and will be subject to monitoring by the Office of Special Counsel for one year. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. On April 18, 2022, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IERs reasonable cause finding that UPS committed an unfair documentary practice in violation of 8 U.S.C. If you are looking to file a lawsuit, Be aware of new workforce regulatory changes reguarding your industry and state. Share sensitive information only on official, secure websites. The agreement resolves allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by limiting its practices to U.S. citizens. National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021. Under the terms of the settlement, Whiz agreed to pay $21,870 in back pay/front pay to the terminated worker, $1,000 in civil penalties to the United States Treasury, and three years of monitoring and reporting requirements. The Divisions investigation found that from at least March 2014 until at least September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes, but did not make those requests of U.S. citizens. 1324b(a)(6). 1324b(a)(1). The company changed its hiring practices after notice of IERs investigation. The Divisions investigation concluded that that the company routinely required specific Form I-9 documents from non-U.S. citizens employees, based on their citizenship status. Under the agreement, HACU agreed to modify its policies and practices to ensure that all individuals would be treated equally without regard to citizenship, immigration status, or national origin during HACUs recruitment and hiring process, and to ensure that relevant human resources personnel participated in OSC-approved or provided training on the anti-discrimination provision of the INA. The settlement agreement provided for various remedies, including $175,000 in civil penalties, $100,000 in back pay for any injured parties, training, and monitoring. On October 25, 2012, the Department of Justice issued a press release announcing a settlement agreement with Advantage Home Care, LLC, formerly known as Executive Care, LLC, based in Hackensack, NJ, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents than U.S. citizens during the Form I-9 employment eligibility verification process. Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. Farmland Foods, Inc. (Unfair Documentary Practices) August 2011, Settlement Press Release Settlement Agreement, Summit Steel Fabricators (Unfair Documentary Practices) August 2011, Brand Energy and Industrial Services (Unfair Documentary Practices) July 2011. The settlement agreement requires that MJFT pay a civil penalty, train relevant employees about the requirements of 8 U.S.C. On August 9, 2016, the Division issued a press release announcing it reached an agreement with Hartz Mountain Industries, Inc. to resolve the inclusion of a citizenship requirement in a particular job posting without any legal justification. IER concluded that by soliciting applications only from applicants with certain non-U.S. citizen immigration statuses and referencing the need for specific work permits that can only be obtained by non-U.S. citizens on certain temporary visas, ASTAs job advertisement unlawfully deterred U.S. citizens, lawful permanent residents, refugees, and asylees from applying for the job opportunity. Holding Co., Inc. (Citizenship Status) January 2017. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. Under the terms of the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job posting unless they are authorized by law. 1324b when the company prohibited him from working following a background check which revealed a purported error in his Social Security number. Designated company human resources and managerial personnel will be required to undergo training by the Office of Special Counsel to learn about employers responsibilities under the anti-discrimination provision of the INA. In legal cases, correlation does not equal causation without evidence. Settlement Press Release Settlement Agreement, Nederlander Marketing, Inc. d/b/a Broadway Direct (Citizenship Status)January 2023. On February 18, 2020, the Division signed a settlement agreement with Chancery Staffing Solutions LLC, aka TransPerfect Staffing Solutions, a legal staffing company headquartered in New York, NY. Wayne State doctor alleges retaliation after he stood up for Black patients. The company also agreed to train its human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and be post an equal opportunity statement on its website for a period of three years. Most of the federal laws that protect employees' rights contain provisions that make it unlawful for an employer to retaliate against someone who engages in conduct which the law protects. The company will also work with the department to identify and pay back pay to additional potential victims that suffered economic harm as a result of the practice. Under the terms of the settlement, Respondent will pay $120,000 in civil penalties to the United States, train relevant recruiting staff on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. As part of the settlement agreement, Garland has agreed to pay $10,000 in back pay civil penalties to the United States, and it has consented to training and reporting obligations. The tribunal did not resolve some liability and remedies issues, which the parties continued to litigate following the March 2017 liability finding. Under the terms of the settlement agreement, the Respondent agreed to pay $750 in civil penalties and pay the Charging Party $7,007.75 in back pay. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). On October 5, 2020, the Division signed a settlement agreement with WinCraft, Inc. resolving claims that WinCraft routinely required lawful permanent residents to provide their Permanent Resident Cards (sometimes known as green cards) to prove their work authorization at both the initial hire and re-verification stages, both in violation of the Immigration and Nationality Acts anti-discrimination provisions, 8 U.S.C. The settlement also requires Spike to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. Even though E-Verify found that all of Bianchis non-U.S. citizen employees had permission to work, by only subjecting them to E-Verify, Bianchi imposed an additional burden on them in the hiring process because of their citizenship or immigration status. As part of the settlement agreement, Collins agreed to pay $15,000 in back pay to the former employee and a $600 civil penalty to the federal government. Based on its investigation, IER found reasonable cause to believe that Clifford Chance unlawfully excluded work-authorized non-citizens and dual citizens from placement on a temporary document review project. Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014. On January 4, 2012, the Department of Justice issued a press release announcing it reached settlement agreement with the University of California San Diego Medical Center, resolving a complaint filed on December 6, 2011, alleging that the medical center failed to comply with proper employment eligibility verification processes for non-citizens who are authorized to work in the United States. The Divisions investigation made a reasonable cause finding that from January 1, 2018 to July 30, 2020, LNKs Human Resources department engaged in a pattern or practice of: (1) requesting specific documents from lawful permanent residents to prove their citizenship status, and (2) requiring asylees and refugees to provide Employment Authorization Documents during the employment eligibility reverification process in violation of 8 U.S.C. Among other provisions, the settlement agreement requires Panda Express to pay $400,000 in civil penalties, undergo IER training on the anti-discrimination provision of the INA, and pay up to $200,000 in back pay to workers affected by the practice. 1324b and undergo departmental monitoring for 3 years. On September 9, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kelly Services, Inc., resolving an allegation of citizenship status discrimination in the employment eligibility re-verification process. Some of the residency programs are required to pay a civil penalty, totaling $141,500; AACPM is also required to pay a civil penalty of $65,000, and to refund the charging party fees the charging party paid to use the online service containing the discriminatory postings. Under the terms of the settlement, Respondents will pay a combined $115,000 in civil penalties to the United States, pay up to $30,000 in back pay to injured parties, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. On January 15, 2016, the Division signed a settlement agreement with Rio Grande Pak Foods, Ltd, a poultry processor, resolving two charges alleging that the company committed unfair documentary practices. The statute of limitations for submitting a retaliation claim with the EEOC is 180 days (the time window may be extended up to 300 days in several states). Rather than investigate her complaint, the company terminated her assignment. Under the agreement, Bel USA agreed to pay a civil penalty of $100,000 to the United States, change its employment eligibility verification policies and practices, train its relevant personnel involved in hiring and human resources on the INAs anti-discrimination requirements, and be subject to Division monitoring and reporting for a three-year period. Overview If you believe your employer has retaliated against you because you submitted, assisted someone in submitting or participated in the investigation of a discrimination complaint, you may submit a discrimination complaint based on retaliation through the TWC Civil Rights Division. The Divisions investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status. As part of the agreement, the company agreed to pay a civil penalty and be subject to departmental training and monitoring requirements. United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. 1324b(a)(1)(b). Llama Bites are 5 to 10-minute mini-courses that offer continued compliance education for steady employee growth and reinforcement of positive work culture.Show more. Under the agreement, El Expreso agreed to pay $31,500 in civil penalties to the United States, make up to $197,500 available to satisfy back pay awards to U.S. workers denied employment, engage in enhanced recruitment efforts for U.S. workers should it choose to use the H-2B visa program, participate in IER-provided training on the anti-discrimination provision of the INA, and undergo departmental reporting and monitoring for a three year period. Argosy University (EDMC) (Citizenship Status, Retaliation) May 2010. On February 20, 2018, the Division signed a settlement agreement with Food Love 125, d/b/a/ Ichiba Ramen (Ichiba), resolving a charge-based investigation. IERs investigation found that between at least January 10, 2019, and April 6, 2020, Secureapp posted 12 facially discriminatory job advertisements that expressed a hiring preference for non-U.S. citizens seeking sponsorship or who already possessed an employment-based visa. Under the terms of the settlement, Setpoint will pay $17,475 in civil penalties to the United States, participate in Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act (INA), review and revise its hiring policies, and be subject to Division monitoring and reporting. On May 17, 2022, IER signed a settlement agreement with Amtex System, Inc. (Amtex) to resolve IERs reasonable cause finding that the company discriminated against the Charging Party (a U.S. citizen), and other individuals, including two lawful permanent residents, in violation 8 U.S.C. Under the settlement agreement, SK Food Group will identify and provide back pay to individuals who suffered lost wages between July 2012 to the present, as a result of the company's alleged discriminatory documentary practices; pay $40,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year. Mexico Foods, LLC (Unfair Documentary Practices) April 2014. 1324b, and undergo departmental monitoring for two years. On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. Pursuant to the settlement agreement, FTD will pay $1,800 in back pay to the charging party, $3,000 in civil penalties, and receive training on the anti-discrimination provision of the INA. After investigating, IER determined that Triple H did not consider certain U.S. citizens for employment as landscapers in 2017 because it preferred to hire temporary foreign H-2B visa workers. On October 15, 2019, IER entered into a settlement agreement with Marion County School District 103, aka Woodburn School District, resolving a charge-based investigation under the anti-discrimination provision of the Immigration and Nationality Act. On July 23, 2020, IER signed a settlement agreement with Arnold & Porter Kaye Scholer LLP (Arnold & Porter), a national law firm, and Law Resources, Inc. (Law Resources), a Washington, D.C.-based legal staffing company resolving claims that Law Resources, at Arnold & Porters direction, imposed unauthorized citizenship status restrictions. The Charging Party was in fact a U.S. citizen and Permanent Resident cards are not issued to U.S. citizens. Paragon Building Maintenance, Inc. and Pegasus Building Services Company, Inc. (Unfair Documentary Practices) March 2017. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. On March 21, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys employment eligibility verification practices. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400. Generations Healthcare (Unfair Documentary Practices) September 2011. Under the settlement agreement, MCPS will pay $4,450 in back pay to each of the two charging parties and be subject to a monitoring period of one year. However, whistleblowers often pay a high price for their commitment to the greater good. On June 30, 2017, the Division signed a settlement agreement with Sellaris Enterprises, Inc.,an Orlando, FL staffing agency, resolving an investigation into the companys Form I-9 employment eligibility verification practices. The investigation revealed evidence that the company failed to consider qualified U.S. citizen applicants, and other protected individuals, for several dishwasher positions at a restaurant and bowling center, based on its preference for hiring workers through the CW-1 visa program available only in Commonwealth of Northern Mariana Island. On November 24, 2020, IER signed a settlement agreement with Security USA, LLC (Security) resolving claims by a Charging Party (CP) that the company made unnecessary and excessive document demands in violation of 8 U.S.C. The agreement requires R.E.E. (DJ# 197-39-150), Microsoft Corporation (Citizenship Status) December 2021. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Paramount Staffing resolving an allegation that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requesting more or different documents from individuals during the employment eligibility verification processes based on the individuals' citizenship status.
