Amtex Systems, Inc (Citizenship Status) May 2022. Under the settlement agreement, AllianceIT was not required to pay a civil penalty, but is required to continue to train its employees on the requirements of the INAs anti-discrimination provision and to be subject to departmental monitoring and reporting requirements. On February 4, the Division signed a settlement agreement with Sunlight Inc. d/b/a Beauty Smart in Raleigh, North Carolina, resolving a charge by a Charging Party of national origin discrimination during the Form I-9 process. Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016. IERs investigation concluded that the company, which recruits workers for other entities, engaged in discrimination in the hiring or recruitment/referral for a fee processes by considering only applicants who were U.S. citizens and lawful permanent residents when filling a job for a client. 1324b(a)(1). Following the parties settlement, on October 18, 2018, the tribunal dismissed the matter. It is illegal for employers to retaliate against employees for engaging in "protected activity" of filing unlawful discrimination/ sexual harassment/hostile work environment claim with the HR, a state agency or a federal watchdog organization. The medical center has taken appropriate action to ensure compliance with INA's anti-discrimination provision, and has agreed to pay a civil penalty in the amount of $115,000 and implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status. On April 26, 2011, the Department of Justice issued a press release announcing a settlement agreement with Restwend LLC, the corporate owner of several Wendy's restaurants in Maine, resolving allegations that it had a policy of refusing to hire non-U.S. citizens. 1324b. Macys (Citizenship Status, Unfair Documentary Practices) June 2010. The settlement requires SpringShine to pay civil penalties and ensure that its current and future job postings do not include any preference for or targeting of applicants who are non-U.S. citizens on temporary work visas. Security Management of South Carolina, LLC (Citizenship Status) October 2020. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay. 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. McDonalds USA, LLC (Unfair Documentary Practices) November 2015. Under the terms of the settlement agreement, Powerstaffing is required to pay $153,000 in civil penalties, be subject to department monitoring and to review of its hiring policies. 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. The injunctive relief applies to any new location of the restaurant that opens in the year following the settlement. The company further agreed to revise its hiring and recruiting procedures, train its human resources personnel to ensure compliance with the INA, and be subject to reporting requirements for a period of two years. 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. Under the agreement, MDCPS will: pay $90,000 in civil penalties to the United States; establish a $125,000 back pay fund to compensate workers who may have lost pay because of the companys documentary practices; and submit to training and compliance monitoring for three years. On May 31, 2016, the Division issued a press release announcing it reached a settlement agreement with Villa Rancho Bernardo Care Center (VRB), resolving claims that it treated lawful permanent residents differently from other workers in the employment eligibility verification process by requiring them to produce a permanent resident card (often known as a green card). Former employees at Salt Bae's restaurants allege they faced nationality-based discrimination, an Insider investigation revealed. The Division had previously filed a lawsuit in December 2020 alleging that from at least January 1, 2018 to at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders in connection with the permanent labor certification process (PERM), refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions. 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 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. Major Verdicts & Settlements | Sanford Heisler Sharp, LLP 1324b(a)(6). The agreement requires the company to train personnel on avoiding discrimination in the hiring or recruitment or referral for a fee processes, make policy changes, and be subject to departmental monitoring and reporting requirements for a three-year period. The agreement recognizes that the County unilaterally reinstated the deputy sheriff with back pay and requires the County to edit job advertisements to comply with 8 U.S.C. 2020 Settlement Highlights The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigation found that from June 20, 2014, until at least December 15, 2015, Powerstaffing had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. Sam Williamson Farms, Inc. (Citizenship Status) June 2019. 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 February 2, 2017, the Division signed a settlement agreement, previously signed by Levy, requiring Levy to pay $2,500 in civil penalties to the United States, train its relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting requirements for two years. Under the settlement agreement, the company will pay the maximum civil penalty for an instance of retaliation, post notices informing workers about their rights under the INAs anti-discrimination provision, train its staff, and be subject to departmental monitoring and reporting requirements for one year. 1324b(a)(5). 1324b and how to contact OSC, and be subject to departmental monitoring of its hiring and recruiting practices for a period of three years. Settlement Press Release Settlement Agreement, Diversified Business Consulting (Citizenship Status) December 2014. 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. On May 7, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Master Klean Janitorial resolving allegations that the Denver, Colorado-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. IERs investigation, which began after the worker filed a charge, determined that ChemArt unlawfully requested a specific immigration document from the worker based on her perceived citizenship status and then withdrew her job offer after she opposed the document request. On April 20, 2023, IER signed a settlement agreement with Micron Technology Inc. to resolve IERs reasonable cause finding that the company discriminated against a U.S. citizen in violation of 8 U.S.C. 1324b(a)(1)(A). 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. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). In addition, Respondents will jointly pay a $30,000 civil penalty to the United States; create an $115,000 back pay compensation fund to compensate economic victims; ensure that relevant human resources personnel participate in Division-provided training; and be subject to Division monitoring for a three-year period. On July 14, 2011, the Department issued a press release announcing it filed a complaint against Mar-Jac Poultry Inc. alleging that it required all newly-hired non-U.S. citizen employees to present documents issued by the Department of Homeland Security for the Form I-9. ATLANTA Dillards, Inc., a national department store chain based in Little Rock, Arkansas, violated federal law when it fired a long-tenured, high-achieving employee after she complained of discrimination and asked about a pregnancy accommodation, the U.S. When the electrician and his wife objected to the hiring practice, the recruiter did not continue considering the electrician for employment. On September 26, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Huber Nurseries (Huber), based on allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary visa holders over six Nepalese lawful permanent residents. Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015. The Divisions investigation found that Nebraska Beef required non-U.S. citizens, but not similarly-situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility, in violation of 8 U.S.C. Settlement Press ReleaseSettlement Agreement, SOS Employment Group (Unfair Documentary Practices) August 2013. Specifically, IERs investigation found that from at least August 1, 2019, to June 17, 2021, Ameritech posted at least three job advertisements that announced its preference to fill positions with non-U.S. citizens with immigration statuses associated with certain employment-based visas. IERs investigation found that Bianchi engaged in a pattern or practice of citizenship status discrimination by only using E-Verify to confirm the permission to work of its non-U.S. citizen employees and did not use the program for its U.S. citizen employees. Crop Production Services also paid back pay totaling $ 18,738.75 in a separate agreement with the three citizens denied employment. Under the settlement agreement, Quantum will pay a civil penalty of $4500 to the United States, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental monitoring and reporting requirements. Specifically, IERs investigation found that the IT consulting company asked the Charging Party to produce more documents to assess his employment eligibility after he had already provided sufficient documentation, based on his citizenship status. BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011. Crookham Company is also required to pay a civil penalty of $200,000, and be subject to department monitoring. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with International Business Machines Corporation, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it placed online job postings for application and software developers that contained citizenship status preferences for F-1 and H-1B temporary visa holders. Some recent examples highlight the impact of retaliation case settlements on an organizations bottom line, not to mention reputation and productivity. On November 16, 2020, the Division signed a settlement agreement with the School Board of Palm Beach County resolving claims that the School District routinely asked non-U.S. citizens to provide documents issued by the Department of Homeland Security, such Permanent Resident Cards, to prove their employment eligibility, even though the individuals may have wished to present other valid documentation, such as an ID and unrestricted Social Security card. On October 10, 2012, the Department of Justice issued a press release announcing a settlement agreement with Tuscany Hotel and Casino resolving a lawsuit alleging the company discriminated against certain non-U.S. citizens during the employment eligibility verification and reverification processes by requesting those individuals to provide more or different documents or information than required under Form I-9 rules based on their citizenship status. Personalize your employees' training experience with brand logos, industry-specific content, and custom-recorded videos. Filing a charge of employment discrimination, Cooperating with an internal investigation of alleged discriminatory practices, Serving as a witness in an EEO investigation or litigation. On September 11, 2012, OSC filed a complaint asserting that Estopy Farms, a Texas cotton farm, committed citizenship status discrimination when it preferred a visaholder over a 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. International, Inc. (Unfair Documentary Practices) May 2021. Settlement Press Release Settlement Agreeement, Setpoint Systems, Inc. (Citizenship Status) June 2018. 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. A federal lawsuit alleging Brownsburg schools discriminated against a former teacher who refused to address transgender students by their chosen first names will continue with claims brought under Title VII, though 11 other state and federal constitutional claims against the school district were dismissed. On November 14, 2016, the Division filed a complaint against Washington Potato Company and Pasco Processing with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that Pasco Processing, while under the direction and control of one of its parent companies, Washington Potato, engaged in a pattern or practice of discriminatory documentary practices in violation of 8 U.S.C. On December 23, 2022, IER secured a settlement with Walter J. Willoughby Jr., MD., Ltd. to resolve IERs reasonable cause finding that the company discriminatorily fired a longstanding employee based on her national origin, in violation of 8 U.S.C.
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