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. 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. Both lawsuits have reached a settlement and as part of that, Uber has agreed to pay $20,000,000 and will change certain policies that affect . 1324b, and to ensure that relevant human resources officials participated in specialized OSC-approved or provided training on the anti-discrimination provision of the INA. The agreement requires R.E.E. 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. On November 15, 2021, IER signed a settlement agreement with Igloo Products Corp. (Igloo) addressing claims that the company discriminated against U.S. workers because of a preference to hire H-2B visa holders for certain positions in its Katy, Texas location, in violation of 8 U.S.C. Settlement Press Release Settlement Agreement, SV Donuts One, LLC (Unfair Documentary Practices) November 2021. 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. 1324b(a)(6). 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. Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014. . Under the terms of the settlement agreement, the Respondent agreed to pay $750 in civil penalties and pay the Charging Party $7,007.75 in back pay. On May 22, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Whiz International LLC, an information technology staffing company, alleging that it 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. IERs investigation determined that Masterson Staffing routinely 1) required non-U.S. citizens to provide more, different, or specific Form I-9 documents, because of their citizenship or immigration status, and 2) requested more documents than necessary from certain lawful permanent residents, by unnecessarily reverifying their permission to work. Under the settlement agreement, Holliswood will pay $1,182 in back pay to the Charging Party, and $5,000 in civil penalties to the United States. The Department also concluded that the SKP human resource staffer further retaliated against the former employee by spreading misinformation about him to colleagues to prevent him from being rehired. Eligibility: Canadian resident as of May 25, 2016 who purchased the PC version of Microsoft's Word, Excel, Office, Works Suite, or Home Essentials, MS-DOS or Windows operating system between December 23, 1998 and March 11, 2010. On May 31, 2011, the Department of Justice issued a press release announcing a settlement agreement with the American Academy of Pediatrics (AAP), resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting hiring to U.S. citizens and certain visa holders, even though other work-authorized individuals should have been allowed to apply. Under the agreement, Northgate will pay a civil penalty of $1,928 to the United States and $22,165.59 in back pay to the asylee worker, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. A $181 million settlement is pending in the Broiler Chicken Antitrust Litigation, a class-action lawsuit that alleges price-fixing within the poultry industry . 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(a)(6). Washington Potato Company (Unfair Documentary Practices) November 2016. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. Lawsuit settlement has enforced American Intercontinental University to stop collecting loans it has offered to its students. 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. 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. Martin Farms was also subject to department monitoring. 1324b(a)(6) and (a)(1). The site explains that potential Class Members include any hourly security guard employee of Universal Protection Service (Allied Universal Security Services) who worked for the company on or after April 17, 2017. The settlement also requires Hallaton to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. Sernak Farms (Citizenship Status) December 2011. In some, cases you must complete a claims form. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. 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. Macys (Citizenship Status, Unfair Documentary Practices) June 2010. 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. 1324b, and be subject to departmental monitoring and reporting requirements. 1324b(a)(1)(B). 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. OnOctober 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia. On December 12, 2022, IER secured a settlement with Secureapp Technologies, LLC (Secureapp) to resolve IERs reasonable cause finding that the company engaged in a pattern or practice of hiring discrimination based on citizenship status, in violation of 8 U.S.C 1324b(a)(1)(B). Additionally, Masterson Staffing will train staff on the INAs anti-discrimination provision, modify its policies, and be subject to reporting requirements. 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). Beauty Smart (National Origin) February 2010. The Sheriff's Office also agreed to pay $500 in civil penalties to the United States. On March 31, 2021, the Division signed a settlement agreement with Spike Inc., a construction company headquartered in Sparks, MD. Settlement Press Release Settlement Agreement, Vincent Porcaro, Inc. (Unfair Documentary Practices) July 2013. 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. NEW ORLEANS - U.S. Security Associates, Inc., a security company doing business as Conshohocken, Pa.-based Allied Universal, has agreed to pay a uniformed security guard $110,000 to settle a lawsuit brought by the U.S. 1324b(a)(5). 1324b(a)(1)(B). On September 14, 2021, the Division signed a settlement agreement with Challenger Sports Corp. (Challenger) to resolve a reasonable cause finding that Challenger violated of 8 U.S.C. Under the settlement agreement, Facebook will pay a civil penalty of $4.75 million to the United States, pay up to $9.5 million to eligible victims of Facebooks alleged discrimination, and train its employees on the anti-discrimination requirements of 8 U.S.C. Settlement Press Release Settlement Agreement, Lady M Confections Co, Ltd and Lady M West Third, LLC (Citizenship Status) Novmeber 2022. The settlement agreement requires the company to pay $1,400 to the U.S. Treasury and over $13,000 in back pay to the worker, train relevant employees about the anti-discrimination requirements of 8 U.S.C. 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. 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. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. 1324b(a)(6). School Board of Palm Beach County (Unfair Documentary Practices) November 2020. The Divisions investigations concluded that: (1) when using a commercial Form I-9/E-Verify software, Adecco had a pattern or practice of incorrectly reverifying non-U.S. citizens, even those that had previously provided unrestricted Social Security cards, which do not require re-verification; and (2) one of the companys Gardena, California employees: (A) had a pattern or practice of unfair documentary practices against non-U.S. citizen employees, including the Charging Party, and (B) discriminated against the Charging Party in hiring based on his citizenship status when Respondent refused to onboard him. 1324b(a)(6). IERs investigation showed that one of the companys recruiters, without prior notice to senior company officials, had placed a facially discriminatory job posting on Dice.com, for a Java Junior Developer (ONLY OPTs who can work on W2). During the course of IERs investigation, however, the company took a number of unilateral steps like additional staff training and changes in its job posting approval process to protect against future violations of the INAs anti-discrimination provision. Settlement Press Release Settlement Agreement, Walter J. Willoughby Jr., MD., Ltd (National Origin) December 2022. The company immediately rehired the worker and gave him back pay in addition to compensatory damages when it learned of IERs investigation. Under the agreement Commercial Cleaning Systems will pay $53,500 in civil penalties to the United States, set aside a fund of twenty five thousand dollars ($25,000) to compensate work-authorized individuals who suffered economic damages, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year. 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. 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. IERs investigation revealed that the Company incorrectly terminated the charging party after rejecting her unexpired Permanent Resident Card for reverification purposes. 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. resolving a reasonable cause finding that the companys employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act. 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. Under the terms of the settlement agreement, LCC will pay $165,000 in civil penalties to the United States, establish a $50,000 back pay fund, and be subject to monitoring of its hiring practices by the Division for a period of two years. On October 27, 2021, IER signed a settlement agreement with Priority Construction, Inc., a construction company headquartered in Baltimore, MD. Settlement Press Release Settlement Agreement, Ascension Health Alliance (Unfair Documentary Practices) August 2021. Specifically, IERs investigation found that from at least May 8, 2019, to September 21, 2019, Ikon posted at least eight job advertisements for information technology (IT) positions that solicited applications from non-U.S. citizens with immigration statuses associated with certain employment-based visas and, in so doing, harmed U.S. workers by unlawfully deterring or failing to fairly consider them for hire, including the Charging Party. On January 26, 2021, the Division signed a settlement agreement with Quantum Integrators Group to resolve a charge of discrimination in referral for a fee and unfair documentary practices based on citizenship status. 01/07/2023. The strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. The Divisions investigation revealed sufficient evidence to show that Respondent had a pattern or practice of requesting a List A document from newly-hired lawful permanent residents because of their citizenship status, while not making similar requests from U.S. citizens. On January 13, 2021, the Division signed a settlement agreement with Collabera, Inc., to resolve claims that the staffing company: 1) implemented a discriminatory applicant screening process in which its recruiters refused to pass on to clients non-U.S. citizens who held permanent work authorization unless they could provide an unexpired immigration document, in violation of 8 U.S.C 1324b(a)(1); and 2) engaged in unfair documentary practices based on citizenship status on 39 occasions between September 4, 2018 and March 31, 2019, when Collabera recruiters required non-U.S. citizens to present specific documents to prove their work authorization because of theircitizenship status in violation of 8 U.S.C. The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements. On July 18, 2014, the Justice Department reached a settlement agreement with Patriot Staffing & Services, LLC resolving allegations that the New Jersey-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by rejecting the Charging Party's Employment Authorization Document because it had an upcoming but future expiration date. IERs investigation concluded that at the end of the 2016-2017 strawberry picking season, SWF informed its existing U.S. workers that in the future it would rely instead on workers with H-2A visas from a farm labor contractor to harvest its strawberries for the next season, and then retained a farm labor contractor for the express purpose of obtaining workers with H-2A visas. Amtex Systems, Inc (Citizenship Status) May 2022. 1324b(a)(6). Under the settlement agreement, Fleetlogix will pay a civil penalty of $627,00 to the United States, up to $100,000 in back pay to people who lost work due to the discrimination, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. No. The department's investigation further concluded that Potter Concrete selectively utilized E-Verify to confirm the employment eligibility of individuals the company knew or believed to be non-U.S. citizens or foreign born. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. Pete Pappas & Sons, Inc. (Unfair Documentary Practices and Citizenship Status) July 2019. West Liberty Foods, L.L.C. The Division's investigation concluded that Accountemps refused to refer the charging party for a federal government contract position because, as a naturalized citizen, the charging party was not born in the United States. 1324b(a)(6). COMPANY INFO: Allied Universal Security Services LLC (Bloomberg Law Subscription) Security services giant Allied Universal is accused in a new class lawsuit of cheating workers out pay and assigning black officers to less lucrative posts. IERs investigation concluded that from at least January 1, 2018 through June 27, 2019, Security had routinely: (1) requested specific documents during the onboarding process from the Lawful Permanent Residents, (2) requested more or different documentation from such Lawful Permanent Residents despite their having already provided sufficient documentation to prove their employment eligibility, and (3) requested new Permanent Resident Cards from Lawful Permanent Residents upon the expiration dates of their previous Permanent Resident Cards. On June 27, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Macy's Retail holdings and other related entities to resolve allegations that the company engaged in a pattern or practice of reverification Unfair Documentary Practices against work-authorized immigrants. On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. 1324b(a)(6). ComForcare will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for 18 months. Under the agreement, Nebraska Beef will: pay $200,000 in civil penalties to the United States; establish an uncapped back pay fund to compensate workers who may have lost pay because of the companys documentary practices and issue notice to workers about how they may claim back pay; and submit to training and compliance monitoring for two years. 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. City of Waterloo, IA (Citizenship Status) January 2014. 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. Crop Production Services, Inc. (Citizenship Status) September 2017. 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. Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) September 2014. Isabella Geriatric Center (Unfair Documentary Practices) August 2014. IERs investigation found that Scott Insurance engaged in a pattern or practice of citizenship status discrimination by failing to consider and hire non-U.S. citizens for positions, in violation of 8 U.S.C. The investigation also established that the Charging Party was denied employment as a direct result of the discriminatory documentary practices. Both companies do business as Allied Universal, she says. In addition, Respondents will jointly pay a $30,000 civil penalty to the United States; create an $115,000 back pay compensation fund to compensate economic victims; ensure that relevant human resources personnel participate in Division-provided training; and be subject to Division monitoring for a three-year period. As part of the settlement, Aquatico agreed to pay $1,599.20 in civil penalties and back pay. 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. 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. The attorneys discussed the employers responsibilities and obligations under the anti-discrimination provision of the INA. The settlement agreement requires that The City of Eugene pay $3,000 in civil penalties, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period. The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. On December 12, 2022, IER signed a settlement agreement with Navajo Express (Navajo) to resolve IERs reasonable cause finding that Navajo discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. (Unfair Documentary Practices) March 2018. 1. American Academy of Pediatrics (Citizenship Status) May 2011. Maricopa County Community College District (Unfair Documentary Practices) May 2011. Temple Beth El (Unfair Documentary Practices) June 2022. 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. L.N.K. This . 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. 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. 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. Easterseals-Goodwill Northern Rocky Mountain, Inc. (Unfair Documentary Practices) June 2021. Aerojet Rocketdyne, Inc. (Citizenship Status) May 2021. 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. 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. 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. 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