1324b(a)(5). The department's investigation confirmed that SD Staffing requested unnecessary documents to work-authorized non-U.S. citizens, but not to similarly-situated U.S. citizens. On June 23, 2016, the Division issued a press release announcing it reached a settlement agreement with Powerstaffing, Inc., resolving alleged violations of 8 U.S.C. The attorneys discussed the employers responsibilities and obligations under the anti-discrimination provision of the INA. 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. The agreement resolves a complaint filed with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act. IERs investigation determined that SMSC discriminated against a worker by withdrawing a conditional offer of employment based on the workers citizenship status as a naturalized U.S. citizen. 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. United Natural Foods, Inc. (Unfair Documentary Practices) July 2012. Transamerica Life Insurance Co. has agreed to settle a class-action lawsuit filed by policyholders who alleged it improperly increased monthly charges on their universal life insurance policies. The agreement resolves an allegation that the company retaliated against a work-authorized individual after he asserted his rights and privileges under 8 U.S.C. Under the agreement, DB will pay $7,700 in civil penalties to the United States, be trained on its employment eligibility verification policies and procedures, and be subject to monitoring of its employment eligibility verification practices for one year. Separately, Ikon will pay the $15,000 to the Charging Party. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL"). A Manhattan security guard has filed a class-action lawsuit against Allied Universal, which provides security guards to retail stores, hospitals and other locations, alleging the company. Under the settlement agreement, Gamewell Mechanical, Inc. will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States. Crop Production Services also paid back pay totaling $ 18,738.75 in a separate agreement with the three citizens denied employment. Specifically, IERs investigation found that the synagogue, in staffing its pre-school, discriminated against a non-U.S. citizen based on citizenship status when checking the individuals permission to work in the United States. On June 21, 2008, the Division reached a settlement agreement with iGate Mastech, Inc. and the Programmers Guild addressing Programmers Guild allegations of citizenship status discrimination in violation of the INAs anti-discrimination provision. Under the agreement Patriot Staffing & Services, LLC will pay the Charging Party a sum of $2500.00 in back pay to compensate her for the economic damages suffered, $500 in civil penalties to the United States, and ensure all human resource personnel involved in hiring and employment eligibility verification participate in an OSC provided training webinar. The Departments independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for vacancies. Infinity Group (Unfair Documentary Practices) September 2013. After investigating complaints filed on behalf of two qualified U.S. citizens, IER determined that Carrillo Farm denied U.S. citizens employment in the summer of 2016 because it wanted to hire temporary foreign workers under the H-2A visa program. 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 Immigration and Nationality Act and the E-Verify program rules, employers cannot discriminate in their use of E-Verify based on citizenship or immigration status. On May 29, 2019, IER signed a settlement agreement with El Expreso Bus Company (El Expreso), resolving IERs reasonable cause conclusion that the company failed to consider U.S. workers for its temporary bus driving position in 2016 because it preferred to hire temporary H-2B visa workers for those positions, in violation of 8 USC 1324b(a)(1). Despite receiving applications from these available U.S. workers, Spike filled the positions with H-2B visa workers, claiming that it could not find qualified and available U.S. workers. Settlement Press Release Settlement Agreement, Secureapp Technologies, LLC (Citizenship Status) December 2022. 1324b, and undergo departmental reporting and monitoring. 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. A class-action lawsuit filed against General Motors over issues related to the cast alloy wheels on certain C7 Corvette Grand Sport and C7 Corvette Z06 models has been allowed to proceed. Under the agreement, ACS will, among other terms, engage in corrective measures including training and ensuring review of its future job postings, and pay a civil penalty. 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. On October 17, 2019, the Division signed a settlement agreement with MUY Brands, LLC and MUY Consulting, Inc. resolving an investigation into the companies employment eligibility verification (Form I-9 and E-Verify) practices at Taco Bell franchises in the mid-Atlantic region. 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. Settlement Press Release Settlement Agreement, Ascension Health Alliance (Unfair Documentary Practices) August 2021. Facebook (Citizenship Status) December 2020. Settlement Press Release Settlement Agreement, DC Precision Machining, Inc. (Unfair Documentary Practices) September 2021. On December 20, 2019, the Division signed a settlement agreement with Adecco USA Inc. (Adecco), resolving investigations into the companys employment eligibility verification policies and practices. Under the settlement, Accountemps will continue to refer the charging party for positions for which she is qualified, pay a $2,500 civil penalty, train its staff on the anti-discrimination provision of the INA, and be subject to a one-year monitoring period. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies. Specifically, IER found reasonable cause to believe that Challenger, which provides soccer instruction to youth throughout the United States, failed to consider qualified U.S. workers for full-time soccer instructors in Spring 2019 based on a preference for H-2B visa workers. OSC found that YCS required non-U.S. citizens, but not similarly situated U.S. citizens, to present additional and unnecessary documentation to establish their employment eligibility. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. Houston Community College (Unfair Documentary Practices) January 2013. As part of the settlement agreement, BAE has agreed to pay $53,900 to the United States and be subject to training and reporting obligations. On January 17, 2017, OSC signed a settlement with J.E.T. 1324b(a)(1), when it posted online job advertisements that were facially discriminatory, excluding certain categories of protected individuals from consideration. Desjardins is a Canadian-based bank with over 7.5 million members and nearly $400 billion in total assets. Under the settlement agreement, the company will pay a civil penalty to the United States, train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements. The company immediately rehired the worker and gave him back pay in addition to compensatory damages when it learned of IERs investigation. 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 February 8, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Avant Healthcare Professionals to resolve allegations that the company engaged in a pattern or practice of citizenship status discrimination by posting job advertisements impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. 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. Specifically, IERs investigation found that the company requested non-U.S. citizens (primarily lawful permanent residents), but not U.S. citizens, to produce specific documents to establish their permission to work during the employment eligibility verification process. Under the terms of the settlement agreement, GHC will pay a total of $208,000, including $119,313 in back pay and other compensation to the Charging Party and Injured Party, and $88,687 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period. Under the agreement, Valley Crest agreed, among other things, to modify its recruitment and hiring policy to eliminate any preference for foreign workers, and to pay $11,173 in back pay to a U.S. citizen who applied but was not hired for a job subsequently filled by a H-2B visa holder. Valley Crest Companies (Citizenship Status) May 2010. On October 19, 2010, the Department of Justice issued a press release announcing a settlement agreement with Catholic Healthcare West, a hospital-system with 41 facilities throughout California, Nevada, and Arizona. Under the settlement agreement, the company will pay a civil penalty of $37,008 to the United States, train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements. The settlement also requires Hallaton to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. On December 12, 2022, IER secured a settlement with Secureapp Technologies, LLC (Secureapp) to resolve IERs reasonable cause finding that the company engaged in a pattern or practice of hiring discrimination based on citizenship status, in violation of 8 U.S.C 1324b(a)(1)(B). The settlement agreement requires Carrillo Farm to pay $5,000 in civil penalties, undergo department-provided training on the anti-discrimination provision of the INA, and comply with departmental monitoring and reporting requirements. . Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. On June 27, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Macy's Retail holdings and other related entities to resolve allegations that the company engaged in a pattern or practice of reverification Unfair Documentary Practices against work-authorized immigrants. On April 3, 2020, IER signed a settlement agreement with Southwest Key Programs (SKP), an organization that operates detention centers, resolving claims that SKP retaliated against a former employee. The company then sought and received permission to hire 63 H-2B visa workers for these jobs by claiming that it could not find qualified and available U.S. workers. The Division's investigation established that Constructor Services utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Hartz Mountain Industries (Citizenship Status) August 2016. 1324b(a)(6). 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. After subjecting the employee to months of derogatory comments and jokes based on her Mexican heritage, the coworkers fabricated a false accusation against the employee that played into national origin stereotypes to oust her from the workplace. Temple Beth El (Unfair Documentary Practices) June 2022. The Office of the Sheriff had already addressed an identified victim's back pay claims through an earlier agreement based on a private lawsuit. 1324b(a)(1). Akeya Griffith filed the case against Allied Universal Security Services LLC and subsidiary Universal Protection Services LLC in federal court July 25 on behalf of herself and similarly situated workers. Randstad North America, Inc. (Unfair Documentary Practices andCitizenship Status) April 2020. 1324b(a)(6). The agreement requires R.E.E. On December 29, 2010, the Department of Justice issued a press release announcing a settlement agreement with Collins Management Corporation resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). IERs investigation of the former employees charge determined that an SKP human resource staffer told the former employee that SKP would not rehire him because he had previously stated that he would file a discrimination complaint to challenge what he believed was SKPs unfair rejection of his Form I-9 documentation. On December 22, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Diversified Business Consulting (DB) resolving allegations that the Silver-Spring-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by routinely requesting specific DHS-issued documentation from work-authorized non-U.S. citizens during the employment eligibility verification processes while not making similar demands of U.S. citizens. The department found that El Rancho's discriminatory practices were based on employees' citizenship status. 1324b(a)(6). Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring. Class-action suits against raising insurance rates are nothing new and can be traced back to the early 1990s at least, if not earlier. 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. Both companies do business as Allied Universal, she says. Under the terms of the settlement agreement, Advantage home Care will pay $1,633 in back pay to the charging party, and $46,575 in civil penalties to the United States. Oakwood Health Promotions (Citizenship Status) December 2010. Specifically, IERs charge-based investigation found that Around the Clock suspended the worker for three days without pay because he called IER to ask for help addressing a concern about the companys process for verifying his work authorization. 1324b, and undergo departmental monitoring for two years. The settlement also requires Microsoft to stop emailing requests for documents to reverify work authorization to workers whose work authorization should not be reverified, and to allow those who do need to show their continued work authorization to provide their choice of acceptable documentation. Pursuant to the settlement agreement, SOS Employment Group will pay back pay in the amount of $9,157.50 to the charging party and $1,200 in civil penalties to the U.S. and receive training on the anti-discrimination provision. On September 14, 2021, the Division signed a settlement agreement with Challenger Sports Corp. (Challenger) to resolve a reasonable cause finding that Challenger violated of 8 U.S.C. A Universal Protection Services collective action website invites any potential Class Members to join the lawsuit. Eligibility: Canadian resident as of May 25, 2016 who purchased the PC version of Microsoft's Word, Excel, Office, Works Suite, or Home Essentials, MS-DOS or Windows operating system between December 23, 1998 and March 11, 2010. 57.082 (2) (a) (1), Fla. Stat. Specifically, IER found reasonable cause to believe that Microsoft asked non-U.S. citizens for unnecessary, specific documents to prove they could work without its sponsorship for work visas. The Charging Party did not seek reinstatement because she has full-time employment. The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. Hallaton, Inc. (Citizenship Status) March 2020. Class action lawsuits are appropriate when the damages claimed by each plaintiffthe person who's alleging wrongdoing . On June 25, 2018, IER signed a settlement agreement with J.C. Penney Corporation, Inc. (the Company) resolving a charge-based and a related independent investigation into the Companys employment eligibility verification practices nationwide. On August 5, 2015, the Division issued a press release announcing it reached a settlement agreement with the City of Eugene, Oregon, to resolve allegations that it required applicants for police officer positions be a U.S. citizen at the time of application. On May 23, 2017, IER reached a settlement agreement with Carrillo Farm Labor, LLC (Carrillo Farm). On December 13, 2016, the Division signed a settlement agreement resolving its investigation of 1st Class Staffing. Pursuant to the settlement agreement, The Agency Staffing will pay $8,400 in civil penalties, and receive training on the anti-discrimination provision of the INA. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) initiated its investigation based on a charge that a charging party lawful submitted after her hiring was delayed at a store in Glendale, California. 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. In a separate agreement, Carrillo Farm agreed to pay a total of $44,000 in lost wages to affected U.S. workers including $8,800 for each U.S. citizen. Under the terms of the settlement agreement, the Respondents paid a combined $1,450 in civil penalties, provided back pay to both charging parties, and will undergo training. 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. Settlement Press Release Settlement Agreement, ChemArt (Unfair Documentary Practices and Retaliation) June 2020. The Divisions investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondent had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. Mexico Foods, LLC (Unfair Documentary Practices) April 2014. In doing so, Ameritech harmed U.S. workers by both unlawfully deterring many of them from applying, and failing to fairly consider hiring those who nevertheless applied. Contact the Webmaster to submit comments. 1324b(a)(6). Settlement Press ReleaseSettlement Agreement, Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015. That's over 20% of the roughly $380 million settlement . The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements. J.E.T. The Divisions investigation concluded that that the companies routinely required specific Form I-9 identity and work authorization documents from newly hired lawful permanent resident employees based on their citizenship status but did not impose a similar requirement on U.S. citizens. 1324b(a)(1). Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. The trial court granted Allied's summary judgment motion. Among other things, the agreement required iGate to refrain from placing employment advertisements that specifically encouraged or otherwise suggested a preference for applications from non-immigrant foreign workers, and to pay $45,000 in civil penalties. The Department also concluded that the SKP human resource staffer further retaliated against the former employee by spreading misinformation about him to colleagues to prevent him from being rehired. In addition, the agreement requires the company to train its employees on the INAs anti-discrimination requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements. 1324b. On June 11, 2019, IER signed a settlement agreement with Sam Williamson Farms, Inc. (SWF), resolving an independent investigation into whether the company failed to consider U.S. workers, because of their citizenship status, for strawberry picking positions, in violation of 8 USC 1324b(a)(1)(B). OCAHO found that OSC had demonstrated that the U.S. citizen was qualified for the job, and that Estopy Farms shifting explanations for denying the U.S. citizen employment were a pretext for prohibited citizenship and immigration status discrimination. 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. Equal Employment Opportunity Commission (EEOC) reached a global settlement agreement with American Education and Travel Services, Inc. (AETS) resolving claims that AETS violated both the INAs anti-discrimination provision and Title VII of the Civil Rights Act of 1964 when it published a job advertisement limiting applicants to U.S. citizens and native English speakers. The settlement requires Technology Hubs employees and agents to undergo training, pay a $12,000 civil penalty, revise its policies and procedures, and undergo monitoring for three years to ensure compliance. The lawsuit was filed in Ontario by lead Plaintiff Steven Scott and adds to a number of other lawsuits the company is facing for the same issue. On September 28, 2017, the Division filed a complaint against Crop Production Services, Inc. with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that the company discriminated against at least three United States workers by refusing to employ them as seasonal technicians in El Campo, Texas, because Crop Production preferred to hire temporary foreign workers under the H-2A visa program. On January 19, 2023, IER signed a settlement agreement with Masterson Staffing Solutions to resolve IERs reasonable cause finding that the company had a pattern or practice, and committed individual instances, of discrimination against its non-U.S. citizen workers when checking their permission to work in the United States in violation of 8 U.S.C. OSC found that Macy's HR employees violated 1324b when it asked that the charging party, who was a lawful permanent resident, produce an unexpired permanent resident card for the Form I-9 process, even though she had already presented other valid documentation. 1324b(a)(6). The strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. John Jay College of Criminal Justice (Unfair Documentary Practices) May 2010. The Divisions amended complaint alleged that from at least June 2009 until at least December 22, 2011, Rose Acre engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. On November 18, 2021, IER signed a settlement agreement that resolves a reasonable cause finding that SV Donuts One LLC (SV Donuts) committed an unfair documentary practice in violation of 8 U.S.C. According to the bank's website, Desjardins has the largest regional presence in Quebec but has locations all over Canada. On March 31, 2021, the Division signed a settlement agreement with Adaequare Inc. (Adaequare) to resolve an independent investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. Advertising. Macys (Citizenship Status, Unfair Documentary Practices) June 2010. On November 29, 2022, IER signed a settlement agreement with Lady M Confections Co., Ltd. and Lady M West Third, LLC to resolve IERs reasonable cause finding that Lady M had a practice of discriminating against lawful permanent residents based on their citizenship status in violation of 8 U.S.C. The department's investigation revealed that the company requested lawful permanent resident employees, but not U.S. citizen employees, to complete additional Forms I-9 and provide additional proof of employment eligibility after hire even though the INA prohibits this. Under the terms of the agreement, Ross Stores agrees to pay $6,384 in back pay to the individual who filed the charge of discrimination and $10,825 in civil penalties to the United States government. 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 claim alleged IGC requested more or different documents than required from lawful permanent residents but not U.S. citizens during the reverification process. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. 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. The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract. IERs investigation concluded that a company recruiter incorrectly told the electrician that the company only hired U.S. citizens. In doing so, Secureapp deterred protected individuals (including U.S. citizens and nationals, lawful permanent residents, refugees, and asylees) from applying to the 12 advertisements. 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. 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. 1324b(a)(6) based on citizenship status. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products. Further, the investigation established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce a List A employment eligibility document to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation. On December 3, 2012, the Department of Justice issued a press release announcing a settlement with ComForcare In-Home Care & Senior Services (ComForcare) a small home care provider based in Tigard, Oregon. 2. Paragon Building Maintenance, Inc. and Pegasus Building Services Company, Inc. (Unfair Documentary Practices) March 2017. 1324b(a)(1)(B). On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). Beauty Smart (National Origin) February 2010. 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Inc. and Pegasus Building Services company, Inc. ( Unfair Documentary Practices ) August 2016 can be traced to. Bloomberg Law subscription, Log in to access all of your BLAW products, 2016, the Division signed settlement! July 2012 ) December 2019 August 2016 macys ( Citizenship Status ) March.. No U.S. workers conform its employment eligibility verification process based on a private lawsuit can traced., Inc. and Pegasus Building Services company, Inc. ( Unfair Documentary Practices September... March 2020 of Criminal Justice ( Unfair Documentary Practices ) May 2010 privileges under 8 U.S.C filled more! She has full-time employment citizens during the reverification process ) June 2020 Inc ( Unfair Documentary Practices June!

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