1324b, and comply with departmental monitoring requirements for two years. The man,. Additionally, designated company 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 Immigration and Nationality Act (INA). Palmetto Beach Hospitality, LLC (H-2B) September 2018. 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. 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. The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. 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. Pursuant to the settlement agreement, Forever 21 will pay $1,705.50 in back pay to the charging party, pay $280 in civil penalties to the U.S., and receive training on the anti-discrimination provision. Select Staffing (Unfair Documentary Practices) August 2014. On June 1, 2009, the Division reached a settlement agreement with Hine Nurseries, Inc., a California corporation, to resolve allegations of citizenship status discrimination in violation of INAs anti-discrimination provision. Sernak Farms (Citizenship Status) December 2011. The class-action lawsuit includes drivers who owned or leased the following vehicles with 2.0-liter or 2.4-liter gasoline direct injection engines: 2011-2019 Hyundai Sonata 2013-2019 Hyundai Santa . On July 27, 2020, IER signed a settlement agreement with ASTA CRS, Inc., based in Ashburn, VA, resolving claims that ASTA had imposed unlawful citizenship-status restrictions in a job advertisement. 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. On September 18, 2018, IER signed a settlement agreement with Palmetto Beach Hospitality, LLC (Palmetto) resolving IERs finding that there was reasonable cause to believe the company had denied U.S. citizens employment in 2017 because it preferred to hire temporary foreign H-2B visa workers. The District serves suburban and rural communities in Marion County, Oregon. Mr. K's Used Books & CDs, Inc. (Unfair Documentary Practices) February 2019. The departments investigation also found that CitiStaff unnecessarily required lawful permanent resident workers to prove their work authorization again when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired. The Divisions investigation revealed that Washington Potato Company had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. 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. The State Farm universal life insurance deduction class action lawsuit claimed that the company used prohibited factors to calculate the cost of the universal life insurance products, leading to overpayment by policyholders. On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. The charging party alleged that Indrescom would not allow him to work until he presented a lawful permanent resident card, despite the fact that the employee had already produced documents establishing his identity and authority to work in the United States. 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. 1324b(a)(6) and (a)(1). IERs investigation showed that one of the companys recruiters, without prior notice to senior company officials, had placed a facially discriminatory job posting on Dice.com, for a Java Junior Developer (ONLY OPTs who can work on W2). During the course of IERs investigation, however, the company took a number of unilateral steps like additional staff training and changes in its job posting approval process to protect against future violations of the INAs anti-discrimination provision. 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. IERs investigation found that the company initially offered the Charging Parties crop harvesting jobs, but then falsely told them that the harvesting work was no longer available and instead offered them warehouse packing jobs with a lower hourly wage. Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. On June 19, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Accountemps, a division of Robert Half International Inc. 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. On December 8, 2020, the Division signed a settlement agreement with Ikon Systems, LLC, resolving claims that Ikon routinely discriminated against U.S. workers (U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, and refugees) by posting job advertisements specifying a preference for applicants with temporary work visas, and that Ikon failed to consider at least one U.S. citizen applicant who applied to a discriminatory advertisement. The case was litigated heavily before the parties agreed to settle the claims for $37.5 million. 1324b. 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. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. As part of the settlement agreement, the district will pay $22,123 in back pay to two identified victims and $45,760 in civil penalties. Arapahoe County Sheriffs Office (Citizenship Status) October 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. To see the list, click the direct. 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. This website has been established to provide general information related to this lawsuit. 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. The departments independent investigation, initiated based on a call to IERs worker hotline, also found evidence that the company repeatedly asked lawful permanent residents, refugees and asylees to undergo an evaluation of their need for sponsorshipto work even though they do not require sponsorship to work in the U.S. Onin Staffing, LLC (Unfair Documentary Practices) December 2019. 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 June 23, 2022, IER signed a settlement agreement with SpringShine Consulting, Inc. to resolve IERs reasonable cause finding that the company discriminated against U.S. workers based on their citizenship status in violation of 8 U.S.C. The Divisions investigation found that between December 2015 and February 2016, ACSs Cookeville office created and published a job posting stating that applicants for machine operator positions at a client company must present a U.S. birth certificate, even though there was no legal authorization for such requirement. 1324b(a)(6). Contact the Webmaster to submit comments. 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. Settlement Press Release Settlement Agreement, Garland Sales, Inc. (Retaliation, Unfair Documentary Practices) December 2011. 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). Pursuant to the settlement agreement, it will require payment of $49,800 to the United States, payment of back pay to compensate any individuals who were denied employment as a result of ISS' pattern or practice of Unfair Documentary Practices, a continuation of on-going, Division-approved human resources staff training, appropriate modifications of the employer's employment eligibility verification policies and procedures, and Division monitoring/reporting over a two-year compliance period. Under the terms of the agreement, Diversified Maintenance Systems will pay $6,800 in back pay and $2,000 in civil penalties to the United States government. The Divisions charge-based investigation determined that, contrary to Omnicares own policies, the Omnicare contractor failed to refer the asylees application for employment to a an Omnicare hiring manager for consideration because the applicant was not a U.S. citizen or permanent lawful resident. 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. Class Action Cases. Maged Hakeem Action The Motion to Stay seeks to stay this action pending the outcome of settlement proceedings in the consolidated lawsuit Maged Hakeem, et al. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. On June 20, 2016, the Division issued a press release announcing it reached agreements with 121 podiatry residency programs (Category 1, Category 2, Genesys Regional Medical Center and Northwest Medical Center) and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens by creating and publishing discriminatory postings for podiatry residents through AACPMs online podiatry residency application and matching service. Under the agreement, Pinnacle Logistics agreed to pay a civil penalty to the United States and $7,641 in back pay to the asylee, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. Up to $21.25 per household with proof of purchase. City of Eugene Police Department (Citizenship Status) August 2015. Under the settlement agreement, Macys agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. Allied Security Class Action Welcome to the website for the Reginald Moore, et al. 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. The Divisions investigations concluded that: (1) when using a commercial Form I-9/E-Verify software, Adecco had a pattern or practice of incorrectly reverifying non-U.S. citizens, even those that had previously provided unrestricted Social Security cards, which do not require re-verification; and (2) one of the companys Gardena, California employees: (A) had a pattern or practice of unfair documentary practices against non-U.S. citizen employees, including the Charging Party, and (B) discriminated against the Charging Party in hiring based on his citizenship status when Respondent refused to onboard him. The department found that El Rancho's discriminatory practices were based on employees' citizenship status. 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. Under the settlement agreement, VRB will pay $24,000 in civil penalties, train its human resources staff on the anti-discrimination provision of the INA, and be subject to monitoring by the Division for a period of one year. Collins Management Corporation (Citizenship Status, Unfair Documentary Practices) December 2010. Under the agreement, Ameritech will pay a civil penalty of $10,000 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 two-year term. The settlement also requires Randstad to train its South Plainfield employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. Settlement Press ReleaseSettlement Agreement, Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015. 1324b(a)(1)(B). On August 5, 2013, the Department of Justice issued a press release announcing that it filed a complaint with the Executive Office of Immigration Review's Office of the Chief Administrative Hearing Officer against Autobuses Ejecutivos LLC d/b/a Omnibus Express, alleging that it engaged in employment discrimination in the hiring process based on citizenship status. 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. 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. July 14, 2021 - ABC Action News Allied Universal Hiring in Tampa (opens in a new window) June 2021. 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. Apple has reached a tentative settlement in a class-action lawsuit filed in 2019 by a group of U.S. app developers who asserted that Apple engaged in anticompetitive practices in relation. 1324b and undergo departmental monitoring for 3 years. 1324b(a)(6). IERs investigation revealed that West Liberty Foods had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. 12/16/2023. IERs investigation concluded that Aerojet misunderstood its obligations under government contracts and with federal regulations, such as the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). North American Shipbuilding, LLC (Retaliation) October 2015. The charges alleged that Rio Grande asked the Charging Parties to produce new Permanent Resident Cards when their prior cards expired, even though this is not permitted under Form I-9 rules, and fired the two workers when they did not comply with the companys request. On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (Triple H). 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. Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. Under the agreement, Ikon will pay a civil penalty of $27,000 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 two-year term. The settlement agreement requires the company to pay the electrician over $24,500 in front pay/back pay, train relevant employees about the anti-discrimination requirements of 8 U.S.C. In addition to publicizing the unlawful restrictions in the advertisements, the platforms excluded students who did not meet the criteria from equal consideration by preventing them from applying for certain positions and engaging with employers in other ways. On August 24, 2015, the Justice Department issued a press release announcing it signed a settlement agreement with Nebraska Beef, resolving an independent investigation of whether the company had engaged in discriminatory documentary practices based on citizenship status during the employment eligibility verification process. Advantage Home Care (Unfair Documentary Practices) October 2012. Allied Universal Holdco, LLC (Unfair Documentary Practices) September 2019. Under the terms of the settlement agreement, MCA Transportation will pay a $660 civil penalty, undergo training by OSC, and be subject to a reporting period of three years. Under the settlement agreement, the Office of the Sheriff's employment eligibility verification practices will be subject to monitoring by the Justice Department and reporting requirements for a period of three years. Commercial Cleaning Systems (Unfair Documentary Practices) June 2014. OnOctober 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia. Additionally, Masterson Staffing will train staff on the INAs anti-discrimination provision, modify its policies, and be subject to reporting requirements. 1324b(a)(1) and (a)(6). On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the companys hiring practices. Following the parties settlement, on October 18, 2018, the tribunal dismissed the matter. Additionally, the Divisions investigation concluded that the company had a pattern or practice of requiring more or additional documents than are legally required to establish work eligibility from work-authorized non-citizens. West Liberty Foods, L.L.C. 1324b. The Divisions underlying investigation found that the companies limited the documentation workers could provide to establish their work authorization based on the workers citizenship status. Settlements with 16 Employers (Listed Below) That Used Georgia Institute of Technologys Job Recruitment Platforms (Citizenship Status) June 2022. On September 7, 2016, the Division issued a press release announcing it reached a settlement agreement with Cumberland Staffing Inc. d/b/a Atwork Cumberland Staffing (ACS), resolving claims that it discriminated against work-authorized immigrants and naturalized U.S. citizens in violation of the anti-discrimination provision of the Immigration and National Act. 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. 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). IERs investigation revealed that Afni rejected a lawful permanent residents valid Form I-9 documents on more than one occasion, and requested more or different documents based on her citizenship status, both of which are unfair documentary practices in violation of 8 U.S.C. Both lawsuits have reached a settlement and as part of that, Uber has agreed to pay $20,000,000 and will change certain policies that affect . Fleetlogix, Inc. (Unfair Documentary Practices) November 2020. 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. Akeya Griffith, Shirley George, DMarco Anderson, and Gina Eggleston accepted the security services giants offers of judgment in the case, according to a notice filed in the U.S. District Court for the Southern District of New York Wednesday. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. In addition to publicizing the unlawful restrictions in the advertisements, the platforms excluded students who did not meet the criteria from equal consideration by preventing them from applying for certain positions and engaging with employers in other ways. 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