Complaint Press Release Complaint, Security USA, Inc. (Unfair Documentary Practices) November 2020. ComForcare will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for 18 months. 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 confirmed that SD Staffing requested unnecessary documents to work-authorized non-U.S. citizens, but not to similarly-situated U.S. citizens. Under the terms of the settlement agreement, LCC will pay $165,000 in civil penalties to the United States, establish a $50,000 back pay fund, and be subject to monitoring of its hiring practices by the Division for a period of two years. Under the agreement, the company will, among other things, pay $195,000 in civil penalties, train its staff, and modify its EEV policies and practices. On November 10, 2010, the Department of Justice issued a press release announcing a settlement agreement with Hoover, Inc., resolving allegations that it engaged in a pattern or practice of employment discrimination by requiring all permanent residents who presented a green card for I-9 purposes, to produce a new one when theirs expired. The Department's investigation was based on two charges the Department received from Puerto Rican-born U.S. citizens who were asked to produce naturalization certificates to prove their citizenship, even though they are native U.S. citizens, in violation of the anti-discrimination provision of the INA. OSC found that the companys request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. Under the terms of the settlement agreement, Kelly Services will pay $1,888.60 in back pay to the injured party, $1,100 in civil penalties, and receive training on the anti-discrimination provision of the INA. routinely requested specific List A Form I-9 documents from newly hired non-U.S. citizen employees on the basis of their citizenship status but did not make similar requests of U.S. citizens. Under the agreement, Potter Concrete will pay $115,100 in civil penalties to the United States, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year. Martin Farms was also subject to department monitoring. The Division's investigation, which was based on a referral from the Department of Homeland Security (DHS), established that the employer engaged in a pattern or practice of requiring non-citizens to produce DHS-issued List A documents in addition to non-DHS issued List B and C documents to establish identity and work authority in violation of the anti-discrimination provision of the INA. Mortons Steakhouse (Citizenship Status, Unfair Documentary Practices) June 2010. Tidrick is the law firm that is handling the settlement case, not the claimant in the class action lawsuit. Temple Beth El (Unfair Documentary Practices) June 2022. On October 18, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with the Arapahoe County, Colo. Office of the Sheriff resolving allegations that the Office of the Sheriff violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by improperly restricting law enforcement positions to U.S. citizens only. On June 27, 2022, IER signed settlement agreements with 16 employers that posted job advertisements with unlawful citizenship status restrictions: Akuna Capital; American Express Company; Area-I Inc.; Blackbaud; CapTech; Clarkston-Potomac Group; Clay Electric Cooperative, Inc.; CONMED; Edward Jones Investments; Keyot LLC; KNAPP Inc.; KPMG LLP; SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware; The Royster Group, Inc.; Sealed Air Corporation; and Toast, Inc. 1324b(a)(6) because Mar-Jac routinely required work-authorized non-U.S. citizens (but not U.S. citizens) to present DHS-issued documents to prove their work authorization. During the investigation, the company voluntarily reinstated the Charging Parties and paid them $7,200 in back pay. Specifically, IER concluded that Panda Express: 1) unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired, and 2) routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. 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. Under the settlement agreement, SD Staffing will identify and provide back pay to individuals who suffered lost wages between September 2011 and January 2014 as a result of the company's alleged discriminatory documentary practices; pay $10,500 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 two years. On October 13, 2015, the Division issued a press release announcing that it filed a complaint against Nebraska Beef, Ltd., alleging that the company breached a settlement agreement that the parties entered into on August 24, 2015. 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. Secure .gov websites use HTTPS Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. That's over 20% of the roughly $380 million settlement . On November 19, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached a settlement with McDonalds USA, LLC and its corporate affiliates and subsidiaries (McDonalds) resolving allegations that McDonalds discriminated against immigrant employees of McDonalds-owned restaurants. On January 17, 2017, OSC signed a settlement with J.E.T. at 65 B. Marcus and The settlement resolves the department's claims that Select Staffing violated the Immigration and Nationality Act (INA) by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility verification process to establish their work authority. Under the settlement agreement, Rio Grande will also pay $1,800 in civil penalties, and designated human resources and managerial personnel must undergo training by the Office of Special Counsel. Onin Staffing, LLC (Unfair Documentary Practices) December 2019. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. Maricopa County Community College District (Unfair Documentary Practices) May 2011. Amiga Informatics, Inc. (Citizenship Status) February 2023. On November 12, 2019, IER entered into a settlement with Perspective Talent LLC to resolve investigations into whether the company refused to refer workers for employment based on their citizenship or immigration status. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and also agreed to provide a handout to newly-hired workers explaining their employment rights under the INA. Many of the employers also posted unlawful and discriminatory advertisements on other college job recruitment platforms. 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. MOBILE EMERGENCY HOUSING CORP. and TRACK RAT ENTERPRISES, INC. d/b/a PERFORMANCE AUTOMOTIVE & TIRE CENTER are taking legal action against HP for rendering their HP printers unusable. 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. Paramount Staffing (Unfair Documentary Practices) September 2013. 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. 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. COMPANY INFO: Allied Universal Security Services LLC (Bloomberg Law Subscription) Security services giant Allied Universal is accused in a new class lawsuit of cheating workers out pay and assigning black officers to less lucrative posts. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. Griffith will receive $15,000 and George, Anderson, and Eggleston will get $5,000 each, according to the filing. IERs independent investigation found that the company declined to consider U.S. workers for its seasonal production helper positions based on an assumption that U.S. workers would not want temporary work, and hired H-2B visa holders instead. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. On June 27, 2016, the Division issued a press release announcing it reached an agreement with Crookham Company to resolve a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. IERs independent investigation concluded that, from at least January 1, 2015 through September 30, 2017, a Sinai human resources employee required lawful permanent residents and refugees to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. 2021: up to $3.5 million, payable 14 business days after the settlement's effective date 2022: up to $5 million, payable on the first anniversary of the effective date 2023: up to $7.5 million, payable on 2-year anniversary of the effective date 2024: up to $8.5 million, payable on 3-year anniversary of the effective date Crookham Company (Unfair Documentary Practices) June 2016. This difference in treatment violates 8 U.S.C. 1324b. The settlement also requires the company to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental 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. 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. Specifically, Technical Marine Maintenance Texas asked U.S. citizens to produce IDs and Social Security cards, while requesting immigration documents from non-U.S. citizens. According to the settlement agreement in U.S. District Court in Los Angeles, Transamerica will pay up to $88 million in account value . Settlement Press Release Settlement Agreeement, Setpoint Systems, Inc. (Citizenship Status) June 2018. The Divisions investigations concluded that R.E.E. IERs investigation concluded that from at least January 1, 2018 through June 27, 2019, Security had routinely: (1) requested specific documents during the onboarding process from the Lawful Permanent Residents, (2) requested more or different documentation from such Lawful Permanent Residents despite their having already provided sufficient documentation to prove their employment eligibility, and (3) requested new Permanent Resident Cards from Lawful Permanent Residents upon the expiration dates of their previous Permanent Resident Cards. 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. Additionally, the settlement also requires Around the Clock to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. 1324b(a)(1), by refusing to hire him because of his status as a conditional Lawful Permanent Resident even though the Districts hiring committee rated him as the most qualified applicant. 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. 34201900270901, in California Superior On January 13, 2021, the Division signed a settlement agreement with Collabera, Inc., to resolve claims that the staffing company: 1) implemented a discriminatory applicant screening process in which its recruiters refused to pass on to clients non-U.S. citizens who held permanent work authorization unless they could provide an unexpired immigration document, in violation of 8 U.S.C 1324b(a)(1); and 2) engaged in unfair documentary practices based on citizenship status on 39 occasions between September 4, 2018 and March 31, 2019, when Collabera recruiters required non-U.S. citizens to present specific documents to prove their work authorization because of theircitizenship status in violation of 8 U.S.C. 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. In some instances, after sending these unnecessary e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working. United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. The INA's anti-discrimination provision prohibits certain discriminatory hiring practices against work-authorized individuals and permits employers to limit jobs to U.S. citizens only where the employer is required to do so by law, regulation, executive order, or government contract. 1324b(a)(6). IERs investigation determined that Masterson Staffing routinely 1) required non-U.S. citizens to provide more, different, or specific Form I-9 documents, because of their citizenship or immigration status, and 2) requested more documents than necessary from certain lawful permanent residents, by unnecessarily reverifying their permission to work. IER concluded that Amtex used recruiters working abroad who engaged in a pattern or practice of implementing clients unlawful citizenship or immigration status preferences for job candidates in or around January 2021 by: a) emailing job ads with discriminatory preferences that deterred potential candidates from applying, and b) refusing to consider at least two protected U.S. worker candidates for OPT preferred job opportunities, based on their citizenship or immigration status. ASTA CRS, Inc. (Citizenship Status) July 2020. Both companies do business as Allied Universal, she says. 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. Settlement Press Release Settlement Agreement, Kelly Services, Inc. (Citizenship Status) September 2013. Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015. 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. On August 15, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Real Time Staffing Services, LLC, doing business as Select Staffing, a company based in Santa Barbara, California. Under the agreement, Rehrig will pay a $1,542 civil penalty, train its employees on proper Form I-9 procedure, and be subject to departmental reporting requirements. Settlement Press Release Settlement Agreement, Carrillo Farm Labor, LLC (Citizenship Status) May 2017. The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements. Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012. 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. The settlement agreement requires Security to agree to train relevant employees about the anti-discrimination requirements of 8 U.S.C. 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. 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. resolving a reasonable cause finding that the companys employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act. On December 6, 2019, the Division signed a settlement agreement with Onin Staffing, LLC (Onin), resolving a claim arising from its investigation into the companys Form I-9 and E-Verify practices in McAllen, Texas. Under the agreement, Ascension will pay a civil penalty of $84,832 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements three-year term. 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. 1324b, and undergo departmental monitoring for 3 years. The court also found that, in some cases, foreign-born individuals were prevented from working for the company even though they had sufficient proof of their work authorization. Employment and Industrial Relations. ISS Facility Services Company (Unfair Documentary Practices) May 2013. Kmart (Citizenship Status, Unfair Documentary Practices) March 2006. As part of the settlement agreement, UNFI will pay $3,190 in civil penalties to the government and has already paid full back pay to the Charging Party. Under the settlement agreement, Randstad will pay a civil penalty of $135,000 to the United States, and provide $909 in back pay to the affected worker. In some, cases you must complete a claims form. 1324b(a)(1)(B); and (2) on numerous occasions, requested copies of Permanent Resident Cards to confirm the citizenship status and work authorization of candidates who identified themselves as lawful permanent residents during the applicant screening process, in violation of 8 U.S.C. The complaint alleges that beginning no later than January 1, 2018 and lasting until at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders, refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions. The Divisions investigation concluded that that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens. On June 8, 2010, the Division signed a settlement agreement with Aquatico Pool Management of Sugarland, Texas resolving a charge by a lawful permanent resident of discrimination during the Form I-9 process. 1324b(a)(1)(B) when it solicited applications for employment opportunities only from individuals seeking sponsorship for temporary work visas. Although R-Tronics is a federal contractor subject to the International Traffic and Arms Regulations (ITAR), ITAR does not require or permit employers to limit job applicants to U.S. citizens. IERs investigation determined that the company terminated the high-performing Mexican-American employee based on her coworkers discriminatory bias. Clifford Chance US LLP (Citizenship Status) August 2018. Tyson Foods (Citizenship Status, Unfair Documentary Practices) January 2011. On August 10, 22, and 26, 2011, the Department of Justice issued press releases announcing it reached settlement agreements with Summit Steel Fabricators, Farmland Foods, Inc., and Kinro Manufacturing, Inc., to resolve allegations that the companies engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. 1324b(a)(6). IERs investigation found that G4S, a security services company based in Jupiter, Florida, rejected the Charging Partys valid Permanent Resident Card and Form I-797 extending its validity, and requested a new Permanent Resident Card to verify his work authorization, because of his status as a Lawful Permanent Resident. 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. 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