The INA's anti-discrimination provision prohibits certain discriminatory hiring practices against work-authorized individuals and permits employers to limit jobs to U.S. citizens only where the employer is required to do so by law, regulation, executive order, or government contract. Under the agreement Patriot Staffing & Services, LLC will pay the Charging Party a sum of $2500.00 in back pay to compensate her for the economic damages suffered, $500 in civil penalties to the United States, and ensure all human resource personnel involved in hiring and employment eligibility verification participate in an OSC provided training webinar. Under the terms of the settlement, Mortons agreed to provide back pay in the amounts of $2,880 and $5,715.62 to two employees, pay a $2,200 civil penalty to the U.S. Treasury, and train Mortons Portland employees on federal protections for workers against citizenship status and national origin discrimination. On April 7, 2020, the Division reached a settlement agreement with Taiyo International Inc. (Taiyo), a Minnesota-based company that develops, produces, and sells various food and pharmaceutical ingredients, resolving an investigation into whether Taiyo retaliated against a work-authorized individual because the worker asserted her rights under 8 U.S.C. Palmetto Beach Hospitality, LLC (H-2B) September 2018. 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. 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. 1324b(a)(1). On June 22, 2016, the Division issued a press release announcing it reached a settlement agreement with Macys, resolving violations of 8 U.S.C. The Charging Party did not seek reinstatement because she has full-time employment. 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. Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014. On May 17, 2017, the Division signed a settlement agreement with Respondents resolving a lawsuit alleging that Respondents Form I-9 employment eligibility verification practices violated the anti-discrimination provision of the Immigration and Nationality Act. The agreement requires Themesoft, Inc. to pay a civil penalty of $4,543.25 to the United States, abide by its agreement to pay the asylee $12,000 in back pay, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. SD Staffing (Citizenship Status) January 2014. On December 6, 2019, the Division signed a settlement agreement with Onin Staffing, LLC (Onin), resolving a claim arising from its investigation into the companys Form I-9 and E-Verify practices in McAllen, Texas. 1324b, and undergo departmental monitoring for two years. Podiatry Residency Programs (Citizenship Status) June 2016. The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements. 1324b. Under the settlement, Pappas and Sons agreed to pay a civil penalty to the United States and back wages to the Charging Party, train the companys human resources personnel on the requirements of the INAs antidiscrimination provision, and be subject to departmental reporting and monitoring requirements. Both companies do business as Allied Universal, she says. Voting and Election Resourceswww.vote.gov. 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. 1324b(a)(6). Under the settlement agreement, MCPS will pay $4,450 in back pay to each of the two charging parties and be subject to a monitoring period of one year. 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 October 6, 2020, IER signed a settlement agreement with Security Management of South Carolina, LLC (SMSC), a private security company that provides security services throughout South Carolina and Georgia. 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. The Division filed a lawsuit in July 2011 alleging that the company discriminated against work-authorized non-U.S. citizens when verifying their work authorization. On April 26, 2011, the Department of Justice issued a press release announcing a settlement agreement with Restwend LLC, the corporate owner of several Wendy's restaurants in Maine, resolving allegations that it had a policy of refusing to hire non-U.S. citizens. The settlement requires Giant to undergo training, make policy changes, alter its onboarding software, be subject to monitoring, and pay a civil penalty. 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. John Jay College of Criminal Justice (Unfair Documentary Practices) May 2010. 2019. 1324b(a)(6). IERs investigation found that UPS discriminated against a newly hired lawful permanent resident in Jacksonville, Florida, by asking him for his Permanent Resident Card and work visa, to prove his permission to work, even though he had already shown his drivers license and unrestricted social security card, which were sufficient proof. Facebook (Citizenship Status) October 2021. Kmart (Citizenship Status, Unfair Documentary Practices) March 2006. On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. 1324b(a)(1)(B) and (a)(6). 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. On November 19, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached a settlement with McDonalds USA, LLC and its corporate affiliates and subsidiaries (McDonalds) resolving allegations that McDonalds discriminated against immigrant employees of McDonalds-owned restaurants. Settlement Press Release Settlement Agreement, Motorcoach Class A Transportation, Inc. (Unfair Documentary Practices) September 2014. Pursuant to the settlement agreement, The Agency Staffing will pay $8,400 in civil penalties, and receive training on the anti-discrimination provision of the INA. Under the proposed settlement, Allied would pay a gross settlement amount of $ 2,520,000, including $ 740,000 in attorney's fees, $ 70,000 in costs, a $ 20,000 service award for Douglas, and $ 52,000 in employer-side taxes, with a net settlement amount of $ 1,638,000. 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. On June 19, 2015, the Justice Department issued a press release announcing it reached settlements with PFSWeb and Prestigious Placement, two Memphis-area staffing companies. : 34-2019-0027090 Please note that this matter is currently on appeal to the Third District Court of Appeal. Aquatico Pool Management (Citizenship Status, Unfair Documentary Practices) June 2010. 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 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. Crop Production Services, Inc. (Citizenship Status) September 2017. The attorneys discussed the employers responsibilities and obligations under the anti-discrimination provision of the INA. The documentary demand that the Charging Party present a document he could not legally obtain resulted in the end of the Charging Partys employment. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL"). 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. On July 30, 2019, IER entered into a settlement agreement resolving a reasonable cause determination that United General Bakery, Inc., d/b/a Upper Crust Bakery, a baked goods supplier in Phoenix, Arizona, engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. The agreement resolves an allegation that the company retaliated against a work-authorized individual after he asserted his rights and privileges under 8 U.S.C. L.N.K. The investigation and settlement only address actions by McDonalds corporate-owned restaurants, not its franchises. U.S. Service Industries (Unfair Documentary Practices) January 2015. Settlement Press Release Settlement Agreement, Martin Farms (Citizenship Status) March 2011. On October 17, 2019, the Division signed a settlement agreement with MUY Brands, LLC and MUY Consulting, Inc. resolving an investigation into the companies employment eligibility verification (Form I-9 and E-Verify) practices at Taco Bell franchises in the mid-Atlantic region. 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. Ichiba paid the applicant $1,760 in back wages during the investigation. Under the terms of the settlement agreement, Postal Express will pay a $1,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, and revise company policies to avoid discrimination in the employment eligibility verification process. Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. Perspective Talent, LLC (Citizenship Status) November 2019. Settlement Press Release Settlement Agreement Complaint Press Release Complaint, Restwend, LLC (Citizenship Status) April 2011. As part of the agreement, the company agreed to pay a civil penalty and be subject to departmental training and monitoring requirements. Specifically, IERs investigation found that the bakery chain requiredlawful permanent residents, including the individual who filed a charge with IER, to show a permanent resident card during the process of proving their permission to work in the United States based on information indicating their status as non-U.S. citizens. 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). On February 20, 2018, the Division signed a settlement agreement with Food Love 125, d/b/a/ Ichiba Ramen (Ichiba), resolving a charge-based investigation. The settlement requires Temple Beth El to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. Diversified Maintenance Systems, LLC (Retaliation) September 2012. Settlement Press Release Settlement Agreement, Barrios Street Realty LLC (Citizenship Status) March 2016. 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. On August 13, 2019, IER reached a settlement with Automotive Creations, Inc., Dynamic Auto Images, Inc., Prestige Auto Specialists, Inc., and Expert Automotive Reconditioning, Inc. (collectively, the Companies) to resolve a reasonable cause finding that the Companies violated the anti-discrimination provision of the Immigration and Nationality Act. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. Under the terms of the settlement, Setpoint will pay $17,475 in civil penalties to the United States, participate in Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act (INA), review and revise its hiring policies, and be subject to Division monitoring and reporting. On August 15, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Real Time Staffing Services, LLC, doing business as Select Staffing, a company based in Santa Barbara, California. 1324b, and be subject to departmental monitoring and reporting requirements. 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. 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. 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. 1324b, and train its staff on the requirements of 8 U.S.C. Under the settlement agreement, Quantum will pay a civil penalty of $4500 to the United States, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental monitoring and reporting requirements. On October 18, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with the Arapahoe County, Colo. Office of the Sheriff resolving allegations that the Office of the Sheriff violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by improperly restricting law enforcement positions to U.S. citizens only. The settlements resolve IERs reasonable cause findings that each employer discriminated against college students by posting at least one unlawful job advertisement on job recruitment platforms used by the Georgia Institute of Technology including a citizenship status restriction. On June 6, 2022, IER signed a settlement agreement with Temple Beth El to resolve IERs reasonable cause finding that it discriminated against a lawful permanent resident in violation of 8 U.S.C. When the Charging Party informed the ComForcare that, as a naturalized citizen, she did not possess an alien card, the ComForcare demanded naturalization papers establishing her work authority, notwithstanding her production of lawfully acceptable documents establishing work authorization. 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. Chancery Staffing will also obtain supporting documentation from clients that request a citizenship status restriction when staffing a project to help ensure that any such restriction is lawful. The tribunal did not resolve some liability and remedies issues, which the parties continued to litigate following the March 2017 liability finding. On December 28, 2020, the Division signed a settlement agreement with Northgate Gonzalez Markets, Inc., and Northgate Gonzalez Financial, LLC d/b/a Prospera Gonzalez (collectively Northgate), resolving a claim that Northgate asked a worker with asylum status for a specific, DHS-issued document to reverify his employment eligibility and rejected his attempt to present his unrestricted Social Security card, resulting in his termination. Under the terms of the settlement agreement, MCA Transportation will pay a $660 civil penalty, undergo training by OSC, and be subject to a reporting period of three years. 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. Under the agreement, Master Klean will pay $75,000 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. 1324b(a)(6). The class-action lawsuit includes drivers who owned or leased the following vehicles with 2.0-liter or 2.4-liter gasoline direct injection engines: 2011-2019 Hyundai Sonata 2013-2019 Hyundai Santa . 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. 1324b(a)(1). The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. 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. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. On March 13, 2017, the Division signed a settlement agreement with the Respondents resolving an investigation into the companies employment eligibility verification practices. Settlement Press Release Settlement Agreement, Challenger Sports Corporation (Citizenship Status) September 2021. Paragon Building Maintenance, Inc. and Pegasus Building Services Company, Inc. 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