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On May 9, 2022, IER signed a settlement agreement with Cloud Peritus, Inc. to resolve IERs reasonable cause finding that Cloud Peritus discriminated against the Charging Party, a lawful permanent resident, in violation of 8 U.S.C. 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. 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. (Suppl. 1324b(a)(1)(B) and (a)(6). The Divisions underlying investigation revealed that Respondents had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. 1324b(a)(1). Gamewell Mechanical 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. Imagine School, Inc. (Unfair Documentary Practices) May 2012. The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements. This month's featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers. After investigating complaints filed on behalf of two qualified U.S. citizens, IER determined that Carrillo Farm denied U.S. citizens employment in the summer of 2016 because it wanted to hire temporary foreign workers under the H-2A visa program. Universal life insurance allows customers to buy policies at a relatively low cost, although the exact premium is . 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. The departments independent investigation, initiated based on a call to IERs worker hotline, also found evidence that the company repeatedly asked lawful permanent residents, refugees and asylees to undergo an evaluation of their need for sponsorshipto work even though they do not require sponsorship to work in the U.S. 1. 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. School Board of Palm Beach County (Unfair Documentary Practices) November 2020. Despite receiving applications from these available U.S. workers, Spike filled the positions with H-2B visa workers, claiming that it could not find qualified and available U.S. workers. Under the settlement agreement, SD Staffing will identify and provide back pay to individuals who suffered lost wages between September 2011 and January 2014 as a result of the company's alleged discriminatory documentary practices; pay $10,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for two years. Complaint Press Release Complaint, American Cleaning Company (Unfair Documentary Practices) October 2016. The agreement requires Microsoft to overhaul parts of its hiring process to ensure the company is not unlawfully requiring non-U.S. citizen job applicants, including those with permanent authorization to work, to provide specific immigration documents to prove they do not require sponsorship for a work visa. 29 November 2019. On March 22, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Ross Stores, Inc., resolving allegations that it engaged in a pattern or practice of Unfair Documentary Practices against non-United States citizens at its San Ysidro store and that it refused to honor a genuine Employment Authorization Document (EAD) presented by a non-United States citizen. On June 27, 2016, the Division issued a press release announcing it reached an agreement with Crookham Company to resolve a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015. On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). Arapahoe County Sheriffs Office (Citizenship Status) October 2013. IERs investigation found that G4S, a security services company based in Jupiter, Florida, rejected the Charging Partys valid Permanent Resident Card and Form I-797 extending its validity, and requested a new Permanent Resident Card to verify his work authorization, because of his status as a Lawful Permanent Resident. 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. 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. 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. On July 14, 2011, the Department issued a press release announcing it filed a complaint against Mar-Jac Poultry Inc. alleging that it required all newly-hired non-U.S. citizen employees to present documents issued by the Department of Homeland Security for the Form I-9. 1324b(a)(6). On October 14, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Postal Express, resolving an investigation into whether the company improperly sought to reverify the employment eligibility of an LPR and suspended him when he failed to provide a requested document, an unexpired Green Card. The man,. Beauty Smart (National Origin) February 2010. Microsoft will pay civil penalties to the United States and train its employees who are responsible for verifying and reverifying workers permission to work in the United States. Both companies do business as Allied Universal, she says. 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 January 31, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Houston Community College to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. The settlement requires Technology Hubs employees and agents to undergo training, pay a $12,000 civil penalty, revise its policies and procedures, and undergo monitoring for three years to ensure compliance. On May 19, 2010, the Division signed a settlement agreement with the John Jay College of Criminal Justice in New York, New York resolving a charge by a Charging Party of discrimination during the Form I-9 process. The settlement also requires Microsoft to be subject to departmental monitoring and reporting requirements. On October 11, 2017, the Division reached a settlement agreement with InMotion Software, LLC, a Texas-based software development recruiter, resolving an investigation into whether the company retaliated against a work-authorized individual because a worker asserted her rights under 8 U.S.C. 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. Allied Universal Holdco, LLC (Unfair Documentary Practices) September 2019. On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the companys hiring practices. Employment and Industrial Relations. Settlement Press Release Settlement Agreement, SV Donuts One, LLC (Unfair Documentary Practices) November 2021. Under the agreement, Paramount Staffing will pay $21,100 in civil penalties to the United States, be subject to a monitoring period of eighteen months, and designated company staff will receive training by the Office of Special Counsel to learn about employers' responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA). 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. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. Under the settlement agreement, Macys agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. On October 25, 2012, the Department of Justice issued a press release announcing a settlement agreement with Advantage Home Care, LLC, formerly known as Executive Care, LLC, based in Hackensack, NJ, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents than U.S. citizens during the Form I-9 employment eligibility verification process. Under the terms of the agreement, Omnibus Express will establish a $208,000 back pay fund to compensate victims, pay $37,800 in civil penalties to the United States, and be subject to departmental monitoring of its hiring and recruiting practices for a period of two years. In doing so, Secureapp deterred protected individuals (including U.S. citizens and nationals, lawful permanent residents, refugees, and asylees) from applying to the 12 advertisements. On June 23, 2016, the Division issued a press release announcing it reached a settlement agreement with Powerstaffing, Inc., resolving alleged violations of 8 U.S.C. IERs investigation found that SV Donuts unlawfully rejected a charging partys valid Form I-9 documents and requested an additional immigration document because of his status as a non-U.S. citizen, and delayed hiring him because he failed to present the requested additional document. 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. ComForcare In-Home Care & Senior Services (Citizenship Status) December 2012. 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. 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. 1324b(a)(1)(B). IER also determined that the Housing Authority terminated the Injured Party when he could not comply with the discriminatory request. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. U.S. Service Industries (Unfair Documentary Practices) January 2015. Quantum Integrators Group (Referral for a Fee, Unfair Documentary Practices, and Citizenship Status) January 2021. SAN DIEGO - Universal Protection Services, LP, dba Allied Universal Security Services, a nationwide private security services company, will pay $90,000 and furnish other relief to settle a religious discrimination lawsuit filed by the U.S. Infinity Group (Unfair Documentary Practices) September 2013. Additionally, the Department will train relevant Onward Healthcare employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for three years. On April 9, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Milestone Management, LLC, to resolve allegations that the company improperly required lawful permanent residents to produce unexpired resident alien cards when their documents expired, despite their presentation of proper documentation upon their hiring, but did not require U.S. citizens to present unexpired documents. IERs investigation therefore concluded that WesPak engaged in unfair documentary practice based on citizenship status, in violation of 8 U.S.C. The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008. 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. 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. The agreement requires Onin to, among other things, pay a civil penalty of $70,695 to the United States, train relevant personnel on avoiding discrimination, ensure that their commercial Form I-9 software complies with federal requirements, and be subject to Division monitoring and reporting. IERs investigation found reasonable cause to believe that a component of the school unnecessarily beenrequiring certain workers to re-establish their work authorization based on the citizenship status of those individuals at initial hire. Abbott Baby Formula. Temple Beth El (Unfair Documentary Practices) June 2022. UPS asked for the additional documents after getting a data entry error notification from the propriety software program the company uses to access E-Verify and verify workers permission to work. 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. Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. 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