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. 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. Palmetto Beach Hospitality, LLC (H-2B) September 2018. Ichiba paid the applicant $1,760 in back wages during the investigation. Advantage Home Care (Unfair Documentary Practices) October 2012. Under the settlement agreement, the companies will pay a civil penalty to the United States, pay the Charging Party back pay plus interest, and train relevant employees on anti-discrimination obligations. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. On June 15, 2016, the Division signed a settlement agreement with Montgomery County Public Schools (MCPS) resolving allegations of unfair documentary practices against two work-authorized individuals based on citizenship status in violation of 8 U.S.C. On January 22, 2019, G4S Secure Solutions (previously known as Wackenhut Corporation) agreed to resolve a consolidated meal and rest period class action for at least $100 million and up to $130 million. Complaint Press Release Complaint, Technical Marine Maintenance Texas (Unfair Documentary Practices) July 2017. 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. 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. IERs investigation concluded that the company unnecessarily required non-U.S. citizens, but not similarly situated U.S. citizens, to present DHS-issued immigration documents based on their citizenship status. No proof of purchase is required. 1324b(a)(6). Class Action Cases. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. 2019. The settlements resolve IERs reasonable cause findings that each employer discriminated against college students by posting at least one unlawful job advertisement on job recruitment platforms used by the Georgia Institute of Technology including a citizenship status restriction. Specifically, IER found that PMM asked lawful permanent residents to show their permanent resident cards (sometimes known as green cards), and asylees and refugees to show their employment authorization documents (sometimes known as work permits), to prove their permission to work. Ameritech Global Inc. (Citizenship Status) August 2021. On April 18, 2022, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IERs reasonable cause finding that UPS committed an unfair documentary practice in violation of 8 U.S.C. The case settled prior to the Justice Department filing a complaint in this matter. A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. A Honda infotainment lawsuit settlement has been preliminarily approved for these vehicles. Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016. 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. Generations Healthcare (Unfair Documentary Practices) September 2011. Pursuant to the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties, receive training on the anti-discrimination provision of the INA, and be subject to monitoring for one year. To see the list, click the direct. 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. Under the terms of the settlement agreement, IG Services will pay $53,880 in civil penalties, create a $35,000 back pay fund for victims who lost work due to IG's practices, receive training on the anti-discrimination provision of the INA, and be subjected to two years of monitoring. 1324b(a)(6). 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. (DJ# 197-39-150), Microsoft Corporation (Citizenship Status) December 2021. On September 21, 2022, IER signed settlement agreements with four employers that posted job advertisements with unlawful citizenship status restrictions, for a total of $331,520 in civil penalties. 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. The company also agreed to train its human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and be post an equal opportunity statement on its website for a period of three years. On November 7, 2018, IER reached a settlement with MJFT Hotels of Flushing LLC (MJFT), the management company for the Hyatt Place Flushing/Laguardia Airport hotel, to resolve a complaint that the company discriminated against a work-authorized immigrant in the hiring process. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. The agreement requires the companies to pay a civil penalty of $175,000 to the United States, establish a $50,000 back pay fund, train relevant personnel on avoiding discrimination in the employment eligibility verification process, make policy changes, and be subject to Division monitoring and reporting. 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. 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. Designated company human resources and managerial personnel will be required to undergo training by the Office of Special Counsel to learn about employers responsibilities under the anti-discrimination provision of the INA. 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. 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. 1324b(a)(6). Onin Staffing, LLC (Unfair Documentary Practices) December 2019. Settlement Press Release Settlement Agreement, Cloud Peritus (Unfair Documentary Practices) May 2022. 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. During the investigation, the company voluntarily reinstated the Charging Parties and paid them $7,200 in back pay. The settlement agreement requires Clifford Chance to, among other things: 1) pay $132,000 in civil penalties; 2) train relevant employees about the 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. The Division's investigation established that Sonus required a non-U.S. citizen, but not similarly-situated U.S. citizens, to produce specific documentary proof of her immigration status for the purpose of re-verifying her employment eligibility. The agreement resolved allegations that the company rejected a work-authorized individual's Employment Authorization Document (EAD), and required her to produce a Permanent Resident Card (commonly known as a "Green Card") as a condition of employment. Specifically, IERs investigation found that Ascension improperly sent automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees close to the expiration date of the documents they provided when completing the Form I-9. On January 19, 2011, the Division signed an agreement with Tyson Foods and a Charging Party resolving allegations by the Charging Party that Tyson Foods engaged in citizenship status discrimination during the employment eligibility verification process in violation of 8 U.S.C. 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. On October 6, 2017, the Division signed a settlement agreement with CitiStaff Solutions, Inc., a Los Angeles-area staffing agency, and a related entity CitiStaff Management Group, Inc., (together, CitiStaff) resolving an investigation into the companys employment eligibility verification (Form I-9 and E-Verify) practices. 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. Under the agreement, Sunny Grove will pay $7,500 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. IERs investigation concluded that Pyramid, which recruits individuals for IT positions, unlawfully rejected valid documents and demanded a different document to verify an asylees work authorization, and then terminated the employee for failing to comply with the demand. On April 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas resolving claims that the company engaged in Unfair Documentary Practices discrimination in violation of the Immigration and Nationality Act (INA). That's over 20% of the roughly $380 million settlement . Official websites use .gov Ikon Systems, LLC (Citizenship Status) December 2020. 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 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. Voting and Election Resourceswww.vote.gov. The Divisions investigation, based on a charge filed by a lawful permanent resident, established that Levys Barclay Arena restaurant improperly reverified the continued work authority of two permanent residents. The Divisions investigation, based on a charge filed by a lawful permanent resident, established that a California branch office of 1st Class Staffing, LLC, requested that non-citizens, but not citizens, provide more, different or specific documents to establish their work authority. The settlement agreement resolved the Divisions independent investigation of whether the company was engaging in discriminatory Unfair Documentary Practices on the basis of citizenship status. 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. Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015. On June 27, 2011, the Department of Justice issued a press release announcing it filed a complaint against Farmland Foods, Inc. alleging the company required newly-hired non-U.S. citizen employees to present specific, and sometimes extra, work authorization documents than required by law. 1324b. The agreement provides for training, policy changes, a $12,000 civil penalty, and a $40,000 back pay fund to compensate claimants who lost wages due to the discrimination. The Divisions underlying investigation revealed that Respondents had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. 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. Settlements with 16 Employers (Listed Below) That Used Georgia Institute of Technologys Job Recruitment Platforms (Citizenship Status) June 2022. 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. The agreement requires Themesoft, Inc. to pay a civil penalty of $4,543.25 to the United States, abide by its agreement to pay the asylee $12,000 in back pay, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. Under the settlement agreement, Hallaton will pay a civil penalty of $ 43,143 to the United States, pay up to $80,000 in back pay to affected U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. On May 17, 2011, the Department of Justice issued a press release announcing a settlement agreement with Iflowsoft, LLC, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by posting job advertisements expressing a preference for temporary visa holders and by hiring an H1-B visa holder without considering a qualified U.S. citizen applicant. 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. On June 6, 2022, IER signed a settlement agreement with Temple Beth El to resolve IERs reasonable cause finding that it discriminated against a lawful permanent resident in violation of 8 U.S.C. 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). The lawsuit alleges that from at least April 4, 2017, to at least July 7, 2017, TransPerfect Staffing Solutions LLC discriminated against non-U.S. citizens and dual U.S. citizens in staffing a temporary document review project for a client, and that Chancery Staffing Solutions LLC is liable for the discrimination as its successor. 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. On April 7, 2020, the Division reached a settlement agreement with Taiyo International Inc. (Taiyo), a Minnesota-based company that develops, produces, and sells various food and pharmaceutical ingredients, resolving an investigation into whether Taiyo retaliated against a work-authorized individual because the worker asserted her rights under 8 U.S.C. In addition to injunctive, reporting and monitoring requirements, the settlement requires Scott Insurance to make $70,000 available for a back pay fund, and pay $9,500 in civil penalties. The department's investigation, which was initiated based on a referral from the U.S. to pay a civil penalty of $82,800 to the United States, pay $8,746.43 in lost wages to the charging party who filed the initial charge, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make policy changes, and be subject to Division monitoring and reporting. NSD2168/2019 external link RAYMOND BOULOS v M.R.V.L. 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. The department's investigation, which was initiated based on a referral from the U.S. The Division also concluded that R.E.E. IERs investigation concluded that from at least January 1, 2015 to July 30, 2018, a USSA human resources staff member responsible for completing the employment eligibility verification process for the companys Fairfax, Virginia office,requested lawful permanent residents, but not similarly situated U.S. citizen employees, produce a permanent resident card, a List A document, to prove their employment eligibility, in violation of 8 U.S.C. IERs investigation revealed that the Housing Authority, due to the Injured Partys citizenship status, requested more and different documentation from him than required, thereby refusing to honor his valid ID and unrestricted Social Security card. Holliswood Hospital (Unfair Documentary Practices) December 2012. . Igloo also agreed to implement measures intended to improve its recruitment of U.S. workers if the company seeks to hire H-2B visa holders within the next three years. 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"). Under the terms of the settlement agreement, Postal Express will pay a $1,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, and revise company policies to avoid discrimination in the employment eligibility verification process. ComForcare In-Home Care & Senior Services (Citizenship Status) December 2012. Sernak has also agreed to provide its employees training on the anti-discrimination requirements of the Immigration and Nationality Act (INA), adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement. Under the settlement agreement, Collabera will pay $53,000 in civil penalties, provide back pay of $35,475.92 to one discrimination victim, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. The authorities seek restitution for students and federal sanctions, as well as a preliminary injunction that bars Ashford from "potential comparable operations." On July 21, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Brand Energy and Industrial Services resolving allegations that the company had a pattern or practice of Unfair Documentary Practices by requesting Department of Homeland Security documents from newly-hired non-U.S. citizens. On May 7, 2020, the Division signed a settlement agreement with Randstad North America, Inc., to resolve claims arising from a charge-based investigation into the companys Form I-9 and E-Verify practices at its South Plainfield, New Jersey, location. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) August 2015. On May 17, 2022, IER signed a settlement agreement with JMJ Talent Solutions, Inc. to resolve IERs reasonable cause finding that the staffing company discriminated against the Charging Party, a lawful permanent resident, and two other lawful permanent residents, in violation of 8 U.S.C. Under the terms of the settlement agreement, La Farine will pay $26,000 in back pay and other compensation to the Charging Party, and $300 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period. 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. 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. 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. 1324b, and comply with departmental monitoring requirements for two years. The investigation, based on a referral from the Department of Homeland Securitys E-Verify program, established that ACC engaged in a pattern or practice of discrimination in violation of 8 U.S.C. 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. On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. Settlement Press Release Settlement Agreement, ChemArt (Unfair Documentary Practices and Retaliation) June 2020. 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. Please note that if you have submitted a claim for back pay compensation under the settlement agreement between IER, Arnold & Porter, and Law Resources, you can expect to receive a determination regarding your claim no later than August 2021. 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. Pete Pappas & Sons, Inc. (Unfair Documentary Practices and Citizenship Status) July 2019. Commercial Cleaning Systems (Unfair Documentary Practices) June 2014. Under the terms of the settlement, Respondents will pay a combined $115,000 in civil penalties to the United States, pay up to $30,000 in back pay to injured parties, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. On 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. Adaequare, Inc. (Citizenship Status) March 2021. On October 16, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Constructor Services Inc. resolving violations of 8 U.S.C. 1324b(a)(6). Whiz International, LLC (Retaliation) May 2012. On February 20, 2018, the Division signed a settlement agreement with Food Love 125, d/b/a/ Ichiba Ramen (Ichiba), resolving a charge-based investigation. The Division initiated the investigation after a former employee contacted the office and stated Kelly Services requested him to produce a new U.S. Hoover paid $10,200 in civil penalties and will train its HR personnel on their nondiscrimination responsibilities in the I-9 process. United Natural Foods, Inc. (Unfair Documentary Practices) July 2012. 1324b(a)(6). Selection of Pending Cases. The settlement agreement requires Ichiba to pay $2,000 in civil penalties, to undergo Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act, revise its policy, and be subject to Division reporting requirements. As part of the settlement Catholic Healthcare West has agreed to pay $257,000 in civil penalties and $1,000 in back pay to the Charging Party. 1324b. 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