Complaint Press Release ComplaintAmended Complaint, Tuscany Hotel and Casino, LLC (Citizenship Status, Unfair Documentary Practices) May 2012. In March 2020, the medical practice credited the coworkers accusations without investigating them and agreed to terminate the employee on that basis. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay. On June 15, 2021, IER signed a settlement with Tecon Services, Inc. resolving a reasonable cause finding that the company engaged in an unfair documentary practice based on national origin, in violation of 8 U.S.C. 1324b(a)(1)(B). Under the settlement agreement, Buddys Kitchen agreed to pay $40,000 in civil penalties, change their employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers permission to work in the United States. Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015. No proof of purchase is required. The settlement also requires Spike to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. IERs investigation revealed that the Company incorrectly terminated the charging party after rejecting her unexpired Permanent Resident Card for reverification purposes. The company also agreed to train relevant employees about the anti-discrimination requirements of 8 U.S.C. Under the agreement, the company will, among other things, pay $195,000 in civil penalties, train its staff, and modify its EEV policies and practices. Specifically, IER found reasonable cause to believe that Challenger, which provides soccer instruction to youth throughout the United States, failed to consider qualified U.S. workers for full-time soccer instructors in Spring 2019 based on a preference for H-2B visa workers. Under the settlement, SMSC will pay a $60,000 civil penalty to the United States, establish a $75,000 back pay fund for affected workers, train their staff on the requirements of 8 U.S.C. United Natural Foods, Inc. (Unfair Documentary Practices) July 2012. 2617 Family . On October 10, 2017, ECBAWM filed a federal discrimination and sexual harassment complaint on behalf of LaDonna Powell, a 32-year-old black woman formerly employed as a supervisor for Allied Universal Security Services (Allied) at John F. Kennedy International Airport (JFK). 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 complaint alleges that Crop Production imposed more burdensome requirements on U.S. workers than it did on H-2A visa workers to discourage U.S. workers from working at the facility. 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. Randstad North America, Inc. (Unfair Documentary Practices andCitizenship Status) April 2020. 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. 1324b. City of Waterloo, IA (Citizenship Status) January 2014. Employment and Industrial Relations. Equal Employment Opportunity Commission (EEOC), the agency announced today. The Divisions investigation 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. Citizenship and Immigration Services (USCIS), found that SK Food Group required work-authorized non-U.S. citizens to produce specific documents during the employment eligibility verification process, including the E-Verify process. 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. 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. 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. Chancery Staffing Solutions, LLC a/k/a TransPerfect Staffing Solutions, LLC(Citizenship Status) May 2019. The Agency Staffing (Unfair Documentary Practices) February 2013. The settlement agreement provided for various remedies, including back pay for any injured parties, training, monitoring, and a civil penalty of $250,000. Settlement Press ReleaseSettlement Agreement, SOS Employment Group (Unfair Documentary Practices) August 2013. Pizzerias, LLC (Unfair Documentary Practices) March 2017. El Expreso Bus Company (Citizenship Status) May 2019. In some, cases you must complete a claims form. 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. 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. OSCs investigation found that North American Shipbuilding barred an employee from company premises because the employee filed a charge with OSC, in violation of the anti-retaliation provision of 8 U.S.C. In addition, Facebook will be required to conduct more expansive advertising and recruitment for its job opportunities for all PERM positions, accept electronic resumes or applications from all applicants, and take other steps to ensure that its recruitment practices for PERM positions closely resemble its standard recruitment practices. On May 13, 2016, the Division issued a press release announcing it reached a settlement agreement with NetJets Services, Inc. ( NetJets), resolving claims that it treated non-U.S. citizens differently than U.S. citizens in violation the anti-discrimination provision of the Immigration and Nationality Act (INA) by: (1) requiring newly hired non-U.S. citizens to present specific documents to prove their employment eligibility; (2) subjecting employees who were Legal Permanent Residents to unnecessary post-employment reverification of their work authority through the production of specific documents; and (3) requiring employees who had become naturalized U.S. citizens after they were hired to produce their certificate of naturalization to establish the change in their citizenship status. MicroLink Devices (Citizenship Status) August 2012. Settlement Press Release Settlement Agreement, Cloud Peritus (Unfair Documentary Practices) May 2022. The Department concluded that the companys unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents, was based on a misinterpretation of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). 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. The Divisions investigation determined that, after the worker complained that questions Taiyo asked about her national origin, citizenship status, naturalization timing, and valid work authorization documents were discriminatory, Taiyo withdrew its offer of employment. 1324b, and be subject to departmental monitoring and reporting requirements. Under the terms of the settlement, Washington Potato is required to pay $100,000 in civil penalties to the United States, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. Iflowsoft, LLC (Citizenship Status) May 2011. 1324b(a)(1) and (a)(6). It is only available to drivers who are not bound by Uber's arbitration clause. On July 15, 2021, the Division signed a settlement with Around the Clock Dispatch Inc. resolving a reasonable cause finding that the company retaliated against a worker because he asked for the departments help in addressing his concerns about an immigration-related employment practice, in violation of 8 U.S.C. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. On June 10, 2015, OCAHO granted OSCs motion for summary decision against Estopy Farms. Under the settlement agreement, Macys agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. November 3, 2020. The Division's investigation concluded that Paramount Staffing's Hanover Park, Illinois location routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. On October 22, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Miami-Dade County Public Schools (MDCPS) resolving an independent investigation into whether the company had engaged in unfair documentary practices against non-U.S. citizens during the Form I-9 process. Under the terms of the settlement agreement, Tuscany agreed to pay a civil penalty of $49,000 to the government and full back pay to an economic victim. The Divisions investigation, based on an advertisement on Respondents website, established that the Denver Sheriff Department engaged in a pattern or practice of citizenship discrimination in violation of 8 U.S.C. The investigation stemmed from a charge filed by an individual after Holliswood terminated her after discovering that her employment eligibility would need to be reverified in the future. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies. 1324b. Some of the residency programs are required to pay a civil penalty, totaling $141,500; AACPM is also required to pay a civil penalty of $65,000, and to refund the charging party fees the charging party paid to use the online service containing the discriminatory postings. On June 25, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Abercrombie & Fitch Inc. On December 7, 2021, the Division signed a settlement with Microsoft Corporation that resolved claims that the company discriminated based on citizenship status against non-U.S. citizens. IERs investigation further found that the Company violated 8 U.S.C. The Department's investigation was based on two charges the Department received from Puerto Rican-born U.S. citizens who were asked to produce naturalization certificates to prove their citizenship, even though they are native U.S. citizens, in violation of the anti-discrimination provision of the INA. 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. 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. 1324b, and be subject to departmental monitoring. 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. Secure .gov websites use HTTPS Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products. The settlement agreement requires that Mr. Ks pay back pay to the charging party for lost wages and a civil penalty to the United States. Under the settlement agreement, the company will pay $40,600 to the United States, and conduct enhanced U.S. worker recruitment and advertising for future positions. In addition, the Office of the Sheriff informed other affected non-U.S. citizen applicants that they could re-apply for available law enforcement positions. Security Services Technology Services Professional Services The State of Security Today Under the settlement agreement, Gamewell Mechanical, Inc. will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States. Under the settlement agreement, Crop Production Services paid a civil penalty of $10,500, agreed that staff involved in the hiring process for the El Campo location would participate in Division-provided training on the antidiscrimination provision of the Immigration and Naturalization Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for up to two years. On August 24, 2022, IER signed a settlement agreement with A. Olivarez Harvesting, LLC (Olivarez Harvesting) to resolve IERs reasonable cause finding that the company discriminated against the Charging Parties (both U.S. citizens) based on their citizenship status in violation of 8 U.S.C. 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 resolved allegations that the company rejected a work-authorized asylee, at both initial hire and when subsequently re-verifying the refugee's employment authorization, rejected the employee's valid driver's license and unrestricted Social Security card and required him to produce an Employment Authorization Document (EAD). 57.082 (2) (a) (1), Fla. Stat. In addition to paying a civil penalty in the amount of $110.00, back pay to the Charging Party in the amount of $5,053.03, and front pay to the Charging Party in the amount of $6,600.00, Gala Construction has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA and implement a policy prohibiting discrimination on the basis of citizenship status and national origin. The value of the top 10 private-plaintiff wage and hour class actions in 2019 totaled $449.05 million, nearly double the 2018 total of $253.5 million, according to a recent report from law firm . On February 19, 2019, IER signed a settlement agreement with Mr. Ks Used Books & CDs, Inc. (Mr. Ks) resolving a charge filed by a lawful permanent resident that the company made unnecessary and excessive document demands in violation of 8 U.S.C. Best Class Action Lawsuits 2022 How to File Claim for Class Action Lawsuits Step One: Find Products You Purchased Step Two: Fill Out the Claim Form Step Three: Get your Check in the Mail Take a look of our list to find open settlements for products you may have purchased. On September 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with United Continental Holdings, Inc. to resolve a claim that the divisions of the company previously operating as Continental Airlines committed unfair documentary practices in violation of the antidiscrimination provision of the INA. Postal Express, Inc. (Unfair Documentary Practices) October 2015. On November 15, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kim Hoang Coffee and Fast Food Restaurant, to resolve allegations that the employer refused to accept new work authorization documents to re-verify an employee's employment eligibility. On November 18, 2021, IER signed a settlement agreement that resolves a reasonable cause finding that SV Donuts One LLC (SV Donuts) committed an unfair documentary practice in violation of 8 U.S.C. On July 26, 2017, the Division filed a Complaint against Technical Marine Maintenance Texas, LLC, and Gulf Coast Workforce, LLC, with the Office of the Chief Administrative Hearing Officer alleging that the companies are responsible for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. IERs investigation found that from April to September 2020, Aero Precision limited hiring to just U.S. citizens and lawful permanent residents, placing unnecessary hiring restrictions on its workforce in violation of the Immigration and Nationality Act. 1324b, and undergo departmental reporting and monitoring. The investigation also determined that ESGW required other non-U.S. citizens to present unnecessary immigration documents to prove their authorization to work in the United States, in violation of the Immigration and Nationality Act (INA)s anti-discrimination provision. 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. The investigation also revealed that the employer believed she could ask non-U.S. citizens to produce specific documents to establish work authorization upon initial hire, but did not need to make similar demands of U.S. citizens. Aerojet Rocketdyne, Inc. (Citizenship Status) May 2021. Under the settlement agreement, WinCraft is required to pay a civil penalty of $5,400 to the United States, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements over the term of the agreement. As part of the settlement agreement, MicroLink Devices will pay $12,000 in civil penalties. 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. 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. June 9, 2021 - Security Info Watch . American Academy of Pediatrics (Citizenship Status) May 2011. On July 23, 2020, IER signed a settlement agreement with Arnold & Porter Kaye Scholer LLP (Arnold & Porter), a national law firm, and Law Resources, Inc. (Law Resources), a Washington, D.C.-based legal staffing company resolving claims that Law Resources, at Arnold & Porters direction, imposed unauthorized citizenship status restrictions. Under the terms of the agreement, Imagine Schools will pay $20,169 in back pay, and $600 in civil penalties to the United States government. 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 settlement agreement, Hartz is required to comply with several injunctive terms to prevent future discrimination, such as specialized training. The parties have agreed that Challenger will pay a $6000 civil penalty, establish a $36,820 fund to cover back pay and interest for victims, and be subject to departmental monitoring and reporting requirements. On July 2, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Vincent Porcaro, Inc. (VPI) to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. 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. The company reinstated the suspended employee and paid him lost wages at the start of OSCs investigation. The settlement requires Navajo to undergo training, make policy changes, be subject to monitoring, and pay a civil penalty of $45,000. The settlement agreement requires NetJets to pay $41,480 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 two years. Centerplate, Inc. (Unfair Documentary Practices) January 2013. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. According to the class action lawsuit . Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. 1324b and undergo departmental monitoring for 3 years. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. The investigation also determined that the company incorrectly believed that it could only hire U.S. citizens to fill 12 mechanic positions, so it did not let the Charging Party and other non-U.S. citizens apply for jobs in its Jupiter, Florida location. On June 11, 2019, IER signed a settlement agreement with Sam Williamson Farms, Inc. (SWF), resolving an independent investigation into whether the company failed to consider U.S. workers, because of their citizenship status, for strawberry picking positions, in violation of 8 USC 1324b(a)(1)(B). Settlement Press ReleaseSettlement Agreement, Igloo Products Corp. (Citizenship Status) November 2021. Bacchi v. Massachusetts Mutual Life Insurance Company, filed as a class action in which Plaintiff contends that MassMutual retained profits that it was required to distribute as dividends to its participating policyholders. 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. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures. On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). 2. IERs investigation found that ESGW, a non-profit organization headquartered in Great Falls, MT, which also operates in Utah, Idaho and Wyoming, discriminated against an asylee by rejecting her documents that were valid proof of work authorization and demanding different documents to verify her employment eligibility, based on her immigration status. 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. 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 concluded that there was reasonable cause to believe Mr. Ks discriminated against the charging party, a lawful permanent resident, by rejecting her valid documentation establishing her work authorization and requesting more or different documents than necessary based on the workers citizenship status and/or national origin. 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. On June 21, 2008, the Division reached a settlement agreement with iGate Mastech, Inc. and the Programmers Guild addressing Programmers Guild allegations of citizenship status discrimination in violation of the INAs anti-discrimination provision. The claim alleged IGC requested more or different documents than required from lawful permanent residents but not U.S. citizens during the reverification process. The Departments independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for vacancies. 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. On March 28, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Onward Healthcare, Inc., resolving allegations that it engaged in citizenship status discrimination against non-United States citizens by posting thousands of job listings impermissibly requiring U.S. citizenship. 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. When UPS received the notification, the company asked the worker for additional documents instead of checking for a simple data entry error, as the company did when it received such notices for U.S. citizen workers. As part of the settlement agreement, Afni agreed to pay back pay to the charging party and a civil penalty to the United States. 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. 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