IERs investigation found that between at least January 10, 2019, and April 6, 2020, Secureapp posted 12 facially discriminatory job advertisements that expressed a hiring preference for non-U.S. citizens seeking sponsorship or who already possessed an employment-based visa. In addition to requiring the four employers to pay civil penalties totaling $832,944, and each must undergo training and change its recruiting practices to avoid future discriminatory postings. On November 30, 2012, the Department of Justice issued a press release announcing a settlement agreement with Gamewell Mechanical, Inc., a subsidiary of Woodfin Heating, Inc., based in Salisbury, NC, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it terminated three employees based on the incorrect assumption that they were undocumented foreign nationals when they were in fact U.S. citizens. L.N.K. In addition to paying $500.00 in civil penalties and back pay to the Charging Party in the amount of $2,000.00, Beauty Smart has agreed to train all 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 post an equal opportunity statement on its premises for a period of two years. 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. Facebook (Citizenship Status) October 2021. On November 16, 2017, the Division signed a settlement agreement with Washington Potato Company resolving an investigation alleging that its Form I-9 employment eligibility verification practices at the Freeze Pack facility, which it operated, violated the anti-discrimination provision of the Immigration and Nationality Act. 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. Secure .gov websites use HTTPS 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. On September 11, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Estopy Farms, a sorghum and soy farm in McAllen, Tex., which also provides equipment and equipment operators for harvests at other farms. Forever 21 (Unfair Documentary Practices) August 2013. Allied Security Class Action Welcome to the website for the Reginald Moore, et al. 10:56 AM. Settlement Press Release Settlement Agreement, Denver Sheriffs Department (Citizenship Status) November 2016. 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. Class-action suits against raising insurance rates are nothing new and can be traced back to the early 1990s at least, if not earlier. 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. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products. Security Services Technology Services Professional Services The State of Security Today Settlement Press Release Settlement Agreement, Giant Food (Unfair Documentary Practices) October 2022. 1324b(a)(1) and (a)(6). Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products, Four employees accept companies offers of judgment, Suits proposed class claims dismissed without prejudice. On November 4, 2021, IER signed a settlement agreement with Rehrig Pacific Company (Rehrig), resolving a reasonable cause finding that the company discriminated against a lawful permanent resident during the Form I-9 reverification process. 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. As part of the settlement, Aquatico agreed to pay $1,599.20 in civil penalties and back pay. The Division also concluded that R.E.E. 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. 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. 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. On December 4, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Life Generations Healthcare LLC, doing business as Generations Healthcare (GHC), resolving all discretionary remedies. The investigations also revealed that in 2017, a Walmart HR employee had a practice of requesting specific List A documents from certain non-U.S. citizen employees. The settlement agreement provided for various remedies, including $43,092 in civil penalties, $30,000 in back pay for any injured parties, training, and monitoring. 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. 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. Omnicare Health (Citizenship Status) January 2018. OSC found that Macy's HR employees violated 1324b when it asked that the charging party, who was a lawful permanent resident, produce an unexpired permanent resident card for the Form I-9 process, even though she had already presented other valid documentation. On June 25, 2018, IER signed a settlement agreement with J.C. Penney Corporation, Inc. (the Company) resolving a charge-based and a related independent investigation into the Companys employment eligibility verification practices nationwide. Citizenship and Immigration Services (USCIS), found that SD Staffing required work-authorized non-U.S. citizens to produce specific documents in connection with SD Staffing's use of the E-Verify program. (Class Notice at 4). IER also determined that Gap discriminated against some non-U.S. citizens by requesting that they provide specific documents to confirm that they still had permission to work. Among the terms of the agreement, SKP will pay the charging party over $68,000 in front pay and back pay, receive IER training, and modify its policies as necessary. Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. IER concluded that by soliciting applications only from applicants with certain non-U.S. citizen immigration statuses and referencing the need for specific work permits that can only be obtained by non-U.S. citizens on certain temporary visas, ASTAs job advertisement unlawfully deterred U.S. citizens, lawful permanent residents, refugees, and asylees from applying for the job opportunity. Under the agreement, Palmetto is required to pay $42,000 in civil penalties to the United States, participate in IER-provided training on the anti-discrimination provision of the INA, make $35,000 available to fund back pay awards to U.S. workers denied employment, and be subject to departmental monitoring and reporting requirements for a three-year period. (2012). Settlement Press Release Settlement Agreement, Kelly Services, Inc. (Citizenship Status) September 2013. On November 10, 2020, the Division signed a settlement agreement with Fleetlogix, Inc. (Fleetlogix) resolving claims that the company routinely asked the non-U.S. citizens it hired in Phoenix to provide documents issued by the Department of Homeland Security, such as I-94s with refugee/asylee annotations, or Permanent Resident Cards, to prove their employment eligibility. 1324b and undergo departmental monitoring for 3 years. On October 19, 2021, the Division reached a settlement with Facebook, Inc., resolving claims that Facebook discriminated against U.S. workers (U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents) in its recruitment and hiring practices, in violation of 8 U.S.C. 1324b(a)(6). Under the terms of the settlement agreement, 1st Class Staffing is required to pay the charging party back pay in the amount of $720, pay the United States civil penalties in the amount of $17,600, review and revise its employment eligibility verification policies and practices, ensure that all its staff participate in Division-sponsored internet-based training, and be subject to monitoring for one year. Sam Williamson Farms, Inc. (Citizenship Status) June 2019. 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. 1324b(a)(6). The settlement also requires PMM to train employees on the requirements of the INAs anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years. Settlement Press ReleaseSettlement Agreement, Tecon Services, Inc. (Unfair Documentary Practices) June 2021. 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. On June 10, 2015, OCAHO granted OSCs motion for summary decision against Estopy Farms. IERs investigation determined that the company terminated the high-performing Mexican-American employee based on her coworkers discriminatory bias. The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008. Voting and Election Resourceswww.vote.gov. A class-action lawsuit filed against General Motors over issues related to the cast alloy wheels on certain C7 Corvette Grand Sport and C7 Corvette Z06 models has been allowed to proceed. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Paramount Staffing resolving an allegation that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requesting more or different documents from individuals during the employment eligibility verification processes based on the individuals' citizenship status. Honda Aircraft Company, LLC(Citizenship Status) February 2019. On February 25, 2019, IER reached a settlement with CFA Institute (CFAI), to resolve a reasonable cause finding that the company violated the Immigration and Nationality Acts anti-discrimination provision by preferring to hire as exam graders CFAI members with H-1B or similar high-skill temporary visas over its U.S. worker members, based on citizenship status. 1324b(a)(1)(B). E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. The anti-discrimination provision of the INA does not permit employers to express or imply a preference for temporary visa holders over U.S. workers. 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. 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. 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). On March 25, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Poulan Pecan to resolve allegations that the company committed Unfair Documentary Practices against non-U.S. citizens in violation of the anti-discrimination provision of the INA. Additionally, Masterson Staffing will train staff on the INAs anti-discrimination provision, modify its policies, and be subject to reporting requirements. La Farine Bakery (Unfair Documentary Practices) November 2014. Security Management of South Carolina, LLC (Citizenship Status) October 2020. On May 10, 2018, IER reached a settlement agreement with the University of California, San Diego (UCSD) resolving allegations of unfair documentary practices. 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. 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. 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. On August 13, 2021, the Division signed a settlement agreement with JP Senior Healthcare and JP Senior Management resolving an IER reasonable cause finding that the two related companies improperly rejected a new employees valid California drivers license and unrestricted Social Security card and demanded that the employee instead present a Permanent Resident card, based on the companies belief that the Charging Party who is Latino was not a U.S. citizen. Rehrig Pacific Company (Unfair Documentary Practices) November 2021. 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. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. Please note that what you need to do to be part of a settlement varies depending on the settlement structure. In some, cases you must complete a claims form. Under the terms of the agreement Omnicare paid $3,621 in civil penalties, posted notices informing workers about their rights under the anti-discrimination provision of the Immigration and Nationality Act, agreed to train relevant staff and its contractors on those requirements, and acknowledged that it would be subject to departmental monitoring and reporting requirements for a two year 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. 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. John Jay College of Criminal Justice (Unfair Documentary Practices) May 2010. Kim Hoang Coffee and Fast Food Restaurant (Unfair Documentary Practices) November 2013. 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, Crookham Company is required to comply with several injunctive terms to prevent future discrimination, such as specialized training, which Crookham Company has proactively taken and completed prior to the execution of the agreement. On January 17, 2017, OSC signed a settlement with J.E.T. The Divisions investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status. SD Staffing (Citizenship Status) January 2014. Under the Immigration and Nationality Act and the E-Verify program rules, employers cannot discriminate in their use of E-Verify based on citizenship or immigration status. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. 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. On May 24, 2021,the Division signed a settlement agreement with Pyramid Consulting, Inc. (Pyramid), resolving a claim that Pyramid engaged in unlawful citizenship status discrimination and unfair documentary practices, in violation of 8 U.S.C. 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. 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. On June 6, 2011, the Department of Justice issued a press release announcing a settlement agreement with Canvas Corporation, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting recruiting and hiring to U.S. citizens. 1324b(a)(1)(A). The agreement requires CitiStaff to pay a civil penalty of $200,000 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. The Sheriff's Office fully cooperated with the investigation and agreed to revise its hiring policies and procedures to ensure compliance with the INA's anti-discrimination provision. Settlement Press Release Settlement Agreement, J.C. Penney (Unfair Documentary Practicers) June 2018. 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. Under the settlement agreement, Hartz is required to comply with several injunctive terms to prevent future discrimination, such as specialized training. Under the agreement, El Expreso agreed to pay $31,500 in civil penalties to the United States, make up to $197,500 available to satisfy back pay awards to U.S. workers denied employment, engage in enhanced recruitment efforts for U.S. workers should it choose to use the H-2B visa program, participate in IER-provided training on the anti-discrimination provision of the INA, and undergo departmental reporting and monitoring for a three year period. Pizzerias, LLC (Unfair Documentary Practices) March 2017. 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. On February 22, 2023, IER secured a settlement with Amiga Informatics Inc. (Amiga) to resolve IERs reasonable cause finding that the company engaged in citizenship status discrimination, in violation of 8 U.S.C 1324b(a)(1)(B). Up to $21.25 per household with proof of purchase. 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. 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 May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys Form I-9 employment eligibility verification practices. The company then sought and received permission to hire 63 H-2B visa workers for these jobs by claiming that it could not find qualified and available U.S. workers. Elmiron. 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. Themesoft, Inc. (Citizenship Status and Unfair Documentary Practices) April 2018. 1324b, and undergo departmental monitoring for two years. 1324b(a)(1)(B). Under the agreement, Culinaire will pay $20,460 in civil penalties to the United States, set aside a fund of $40,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for 20 months. 1324b, and comply with departmental monitoring requirements for two years. On September 27, 2012, the Department of Justice issued a press release announcing a settlement agreement with Diversified Maintenance Systems, LLC, a janitorial service company, resolving allegations that the company retaliated against the charging party by failing to reinstate her after she solicited USCIS' assistance in resolving an erroneous E-Verify Final Non-Confirmation notice. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. 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. On December 12, 2018, IER signed a settlement agreement with Afni Inc. resolving a workers charge against one of the companys Tucson, Arizona locations. The settlement agreement requires Security to agree to train relevant employees about the anti-discrimination requirements of 8 U.S.C. On July 20, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with United Natural Foods, Inc. (UNFI), an independent national distributor of natural, organic, specialty foods, resolving an allegation that the company committed discrimination when it impermissibly reverified the work authority of lawful permanent residents and required some non-citizen workers to provide specific Form I-9 documentation. CitiStaff Solutions, Inc.and CitiStaff Management Group, Inc. (Unfair Documentary Practices) October 2017. Under the terms of the settlement, West Liberty Foods is required to pay $52,100 in civil penalties to the United States, ensure that relevant human resources officials participate in IER-provided training on avoiding discrimination in the employment eligibility verification process, post notices to employees on their rights under 8 U.S.C. 1324b(a)(6) when it instructed the worker to produce another DHS document. 1324b, and be subject to departmental monitoring. Navajo Express (Citizenship Status) December 2022. The Charging Party did not seek reinstatement because she has full-time employment. 2019: private lawsuit-state $5,600,000: Allied Universal Security Services: wage and hour violation: 2020: private lawsuit-federal $2,520,000: 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. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400. The Divisions investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondent had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. On August 15, 2016, the Division issued a press release announcing it reached a settlement agreement with TEG Staffing, Inc., d/b/a Eastridge Workforce Solutions (Eastridge), resolving alleged violations of 8 U.S.C. The investigation and settlement only address actions by McDonalds corporate-owned restaurants, not its franchises. INVESTMENTS PTY LTD. Thawley J. As part of the agreement, the company will pay $215,000 to the United States, create a $55,000 back pay fund, undergo training on the antidiscrimination provision of the INA, and be subject to departmental monitoring of its employment eligibility reverification practices for a period of two years. 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