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Under the terms of the settlement, Argosy and EDMC agreed to provide full back pay in the amount of $7,100 to the lawful permanent resident, modify their policy on employing foreign nationals to require equal treatment of work authorized non-citizens, and train Argosy employees on federal protections for workers under the INAs anti-discrimination provision. Pete Pappas & Sons, Inc. (Unfair Documentary Practices and Citizenship Status) July 2019. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. Equal Employment Opportunity Holliswood 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 for18 months. Gap, Inc. (Citizenship Statusand Unfair Documentary Practices) November 2021. Sam Williamson Farms, Inc. (Citizenship Status) June 2019. The agreement resolves allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by limiting its practices to U.S. citizens. 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. 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 May 16, 2011, the Department of Justice issued a press release announcing a settlement agreement with Maricopa County Community College District resolving allegations that it engaged in a pattern or practice of Unfair Documentary Practices against non-U.S. citizens in the hiring and employment eligibility verification process. CitiStaff Solutions, Inc.and CitiStaff Management Group, Inc. (Unfair Documentary Practices) October 2017. 1324b(a)(6) based on citizenship status. Settlement Press ReleaseSettlement Agreement, SOS Employment Group (Unfair Documentary Practices) August 2013. Under the terms of the settlement agreement, Abercrombie will pay $3,661.14 in back pay to the complainant and a civil penalty to the United States; establish a back pay fund of $153,932.00 to compensate other individuals who may have been harmed; and be subject to monitoring of its employment eligibility verification practices for two years. Under the settlement agreement, the company will pay a civil penalty of $5,204 to the United States, pay $13,930 in back pay to the Charging Party, train relevant employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental monitoring. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. If the employer does not take your concerns to heart, you can proceed to file an external retaliation claim with an outside government agency and, possibly, take your employer to court. The EEOC specifies that engaging in protected activity "does not shield an employee from all discipline or discharge" and that " employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences". 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, required those work-authorized non-citizens to present specific types of documents to confirm their continued work authority, and suspended one of those non-citizens (the Charging Party) when he was unable to present the required specific document. As part of the settlement agreement, Canvas Corporation will pay $10,397 to an identified victim of its discriminatory policies, and $13,400 in civil penalties. Additionally, the Department will train relevant Onward Healthcare employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for three years. The settlement agreement requires the Company to, among other things, pay $14,430 in civil penalties, pay $11,177.60 in back pay to the charging party, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. 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. 1324b, and undergo departmental monitoring for two years. On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. Seamlessly import and track your employees course progress with Payroll, HRIS, & LMS integrations. The settlement agreement provided for various remedies, including $27,750 in civil penalties, training, and monitoring. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. The settlement prohibits Bianchi from selectively using E-Verify to discriminate against employees, and Bianchi must train its employees, change its policies and procedures, and be subject to monitoring for a three-year period. Iflowsoft, LLC (Citizenship Status) May 2011. On May 30, 2012, the Department of Justice settled a lawsuit against Whiz International LLC (Whiz), an information technology staffing company, resolving allegations that the company discriminated against one of its employees when it terminated her in retaliation for expressing opposition to its alleged preference for foreign nationals with temporary work visas. The Complaint alleges that a related entity, Gulf Coast Workforce, LLC, is also responsible for these practices. The EEOC filed suit in U.S. District Court for the Central District of California (Case No. The Department also concluded that the Woodburn School District pre-screened the applicant when it asked for specific documentation to verify the applicants citizenship status and work authorization, but did not make similar requests of U.S. citizens, in violation of 1324b(a)(6). Punitive damages are intended to punish companies financially in order to reward the victim, as well as to provide a heavy disincentive to committing employment violations in the future. Settlement Press Release Settlement Agreement, Kelly Services, Inc. (Citizenship Status) September 2013. On September 25, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Infinity Group (IG), resolving allegations of Unfair Documentary Practices in the employment eligibility verification process. 1324b(a)(1)(B). Complaint Press Release Complaint, Technical Marine Maintenance Texas (Unfair Documentary Practices) July 2017. On July 3, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Stellar Staffing, Inc., resolving allegations that the company applied heightened requirements on work-authorized non-U.S. citizens in the employment eligibility verification process. Retaliation On April 3, 2006, the Division reached a settlement agreement with Gala Construction, Inc. in Rocklin, California resolving a charge of document abuse during the employment eligibility verification process. 1324b(a)(6). Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018. 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. 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. OnDecember 10, 2018, the Division signed a settlement agreement with Walmart Inc. resolving a charge-based and related independent investigation into Walmarts employment eligibility verification practices in Fort Worth, Texas. Potter Concrete, Inc. (Unfair Documentary Practices) April 2014. On March 23, 2011, the Division reached an agreement with Martin Farms to resolve a charge of citizenship status discrimination. On March 31, 2021, IER signed a settlement agreement with G4S Secure Solutions USA Inc., resolving claims that the company engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. The documentary demand that the Charging Party present a document he could not legally obtain resulted in the end of the Charging Partys employment. Whiz will also undergo training by the Department of Justice and has agreed not to discriminate against any employee on the basis of national origin or citizenship status. North American Shipbuilding, LLC (Retaliation) October 2015. wrongful termination settlements & cases 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. 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. Professional Maintenance Management (Unfair Documentary Practices) October 2022. On May 23, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with ISS Facilities Company, to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices by requiring non-citizen employees to produce a List A I-9 document issued by the U.S. Department of Homeland Security, instead of allowing individuals the choice to produce List C documents. On October 14, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Postal Express, resolving an investigation into whether the company improperly sought to reverify the employment eligibility of an LPR and suspended him when he failed to provide a requested document, an unexpired Green Card. For example, after filing a harassment complaint, the employee may experience a more reserved, formal "attitude" from their supervisor: however, the changes that count in a retaliation case are only those that have an adverse effect on one's employment. On May 8, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with The Data Entry Company, a federal government contractor, resolving a claim that the Respondent discriminated against the Charging Party when it refused to consider her application for a contract position with DHS because of her dual citizenship. Arapahoe County Sheriffs Office (Citizenship Status) October 2013. On November 21, 2022, the Division signed a settlement agreement with Aero Precision, Inc. (Aero Precision), a firearm manufacturer, to resolve an independent investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. 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. Find out how to give your team their time back with real-time tracking, automations, integrations, and more. 1324b. IER concluded that SpringShine placed an advertisement which by its plain language was directed only to workers seeking H-1B visa sponsorship, which unlawfully deterred U.S. citizens, lawful permanent residents, refugees, and asylees from applying for the employment opportunities. Under the agreement, Adecco is required to, among other things, pay a civil penalty of $ 67,778 to the United States, train relevant personnel on avoiding discrimination, ensure that their Form I-9/E-Verify software complies with federal requirements, and be subject to Division monitoring and reporting. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. 1324b(a)(1)(b). Neither of these citizenship status requirements were required to comply with Oregon law and thus the investigation found that the City of Eugene violated the INA's anti-discrimination provision. Amiga Informatics, Inc. (Citizenship Status) February 2023. On April 10, 2023, IER signed a settlement agreement with Destin Wings, LLC d/b/a Hooters of Destin (Destin Wings) to resolve IERs reasonable cause finding that Destin Wings discriminated against Charging Party when it rejected Charging Partys acceptable documents for the Form I-9 and required Charging Party to present documentation she could not present due to her citizenship status. Section 1324b, and undergo departmental reporting and monitoring for 3 years. 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). IERs charge-based and independent investigations found that Gap discriminated against certain workers by reverifying their permission to work, even though there was no legal reason to do so. On September 4, 2014, the Justice Department reached a settlement agreement with Motorcoach Class A Transportation, Inc. (MCA Transportation), a bus company in Orlando, Florida, resolving an allegation that the company committed an unfair documentary practice against an asylee by requesting more or different documents than necessary for the Form I-9 on the basis of citizenship status in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). The Ultimate Employers Guide To Workplace Harassment, Why Diversity, Equity & Inclusion Are For All Workplaces. 1324b(a)(6). Hines Nurseries (Citizenship Status, National Origin) July 2009. Podiatry Residency Programs (Citizenship Status) June 2016. 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. Settlement Press Release Settlement Agreement, ChemArt (Unfair Documentary Practices and Retaliation) June 2020. 1324b. Postal Express, Inc. (Unfair Documentary Practices) October 2015. The unlawful employment practices resulted in intolerable working conditions, compelling some of the workers to quit. The Charging Party has full-time employment and did not seek reinstatement. Oakwood Health Promotions (Citizenship Status) December 2010. ISS Facility Services Company (Unfair Documentary Practices) May 2013. On March 13, 2017, the Division signed a settlement agreement with the Respondents resolving an investigation into the companies employment eligibility verification practices. Under the agreement, Paramount Staffing will pay $21,100 in civil penalties to the United States, be subject to a monitoring period of eighteen months, and designated company staff will receive training by the Office of Special Counsel to learn about employers' responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA). Commercial Cleaning Systems (Unfair Documentary Practices) June 2014. Facebook (Citizenship Status) October 2021. 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. Settlement Under the provisions of the agreement, the Denver Sheriff Department will among other things, pay $10,000 in civil penalties, eliminate any citizenship requirements in current and future postings for the deputy sheriff position, and ensure that its staff members are properly trained. The Divisions investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status. The investigation stemmed from a charge filed by a naturalized U.S. citizen who received a tentative nonconfirmation (TNC) in E-Verify, but ComForcare failed to provide the Charging Party with written notice of her TNC but instead, demanded that she produce a specific List A document (i.e., an "alien card"). On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with Holliswood Hospital (Holliswood), a hospital in Queens, NY, resolving claims that the hospital violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents during the Form I-9 employment eligibility verification process. Housing Authority of Victoria, TX (Citizenship Status and Unfair Documentary Practices) April 2019. BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011. WebRetaliation. McDonalds USA, LLC (Unfair Documentary Practices) November 2015. On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. 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. As part of the settlement agreement, Afni agreed to pay back pay to the charging party and a civil penalty to the United States. On August 29, 2014, the Department of Justice issued a press release announcing that it filed a complaint against Louisiana Crane Company, LLC d/b/a Louisiana Crane and Construction, a company that provides crane, construction and other industrial services, due to allegations of Unfair Documentary Practices against non-U.S. citizens. 1324b(a)(1)(B). The investigation further revealed that Respondent required existing lawful permanent employees to reestablish their continued work authorization upon the expiration of their List A document by showing a new unexpired List A document. IER concluded that the company unlawfully required applicants for several job advertisements to be U.S. citizens, lawful permanent residents, or holders of TN-1 visas, which excluded other work-authorized non-U.S. citizens including refugees and asylees. Under the terms of the settlement agreement, Indrescom agrees to pay $7,000 in back pay to the charging party, train its human resources personnel about employers' responsibilities to avoid discrimination in the employment eligibility verification process, and to be subject to reporting and compliance monitoring requirements for three years. Discrimination SD Staffing (Citizenship Status) January 2014. The company paid a $500 civil penalty and will be subject to monitoring by the Office of Special Counsel for one year. On February 4, 2021, IER signed a settlement agreement with Service Minds, Inc. d/b/a Mister Sparky, resolving claims that the company retaliated against a work-authorized electrician, in violation of 8 U.S.C. The agreement requires Microsoft to overhaul parts of its hiring process to ensure the company is not unlawfully requiring non-U.S. citizen job applicants, including those with permanent authorization to work, to provide specific immigration documents to prove they do not require sponsorship for a work visa. 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. 1324b(a)(1), when it posted online job advertisements that were facially discriminatory, excluding certain categories of protected individuals from consideration.

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discrimination and retaliation settlements