Settlement Press Release Settlement Agreement, J.C. Penney (Unfair Documentary Practicers) June 2018. Case No. The company further agreed to revise its hiring and recruiting procedures, train its human resources personnel to ensure compliance with the INA, and be subject to reporting requirements for a period of two years. Attorneys. The settlement resolves the department's claims that Culinaire 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 reverification process to establish their work authority. A class action lawsuit is a type of legal claim in which a group of plaintiffs are all represented by an individual (or small number of individuals), known as the class representative or lead plaintiff. 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. 1324b(a)(6). The Divisions charge-based investigation determined that, contrary to Omnicares own policies, the Omnicare contractor failed to refer the asylees application for employment to a an Omnicare hiring manager for consideration because the applicant was not a U.S. citizen or permanent lawful resident. The advertisements thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals. Settlement Press Release Settlement Agreement, Barrios Street Realty LLC (Citizenship Status) March 2016. Section 1324b, and undergo departmental reporting and monitoring for 3 years. IERs investigation, which began after the worker filed a charge, determined that ChemArt unlawfully requested a specific immigration document from the worker based on her perceived citizenship status and then withdrew her job offer after she opposed the document request. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. Canvas Corporation (Citizenship Status) June 2011. 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. Under the agreement, Eastridge will, among other terms, pay $175,000 in civil penalties to the United States and submit to training and compliance monitoring. On February 9, 2015, the Justice Department reached a settlement agreement with Standard TyTape Company, resolving an investigation opened by the Division on September 25, 2014. 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. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with International Business Machines Corporation, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it placed online job postings for application and software developers that contained citizenship status preferences for F-1 and H-1B temporary visa holders. The case settled prior to the Justice Department filing a complaint in this matter. 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 lawsuit relays that Allied Universal, a security services company who employs over 800,000 workers, has used the Kronos timekeeping and payroll system since at least December 11, 2021, when the system was the target of a ransomware attack. 1324b. 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. 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. Settlement Press Release Settlement Agreement, Denver Sheriffs Department (Citizenship Status) November 2016. 1324b(a)(1)(B). 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 company paid a $20,000 civil penalty, and had proactively reinstated one employee with back pay at the outset of the Department's investigation. 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. That's over 20% of the roughly $380 million settlement . Best Packing Services Employment Agency, Inc. (Unfair Documentary Practices) August 2012. The department's investigation confirmed that SD Staffing requested unnecessary documents to work-authorized non-U.S. citizens, but not to similarly-situated U.S. citizens. On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. Iflowsoft, LLC (Citizenship Status) May 2011. Following an OSC hotline intervention, the university offered the job to the charging party, but not before a manager at the university allegedly reprimanded the charging party for contacting OSC. 1324b(a)(6). OnOctober 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia. 2019: private lawsuit-state $5,600,000: Allied Universal Security Services: wage and hour violation: 2020: private lawsuit-federal $2,520,000: Under the terms of the settlement agreement, La Farine will pay $26,000 in back pay and other compensation to the Charging Party, and $300 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period. Under the settlement agreement, the Board will pay a civil penalty of $90,000 to the United States, up to $100,000 in back pay to people who lost work due to the discriminatory practice, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. SK Food Group, Inc. (Unfair Documentary Practices) April 2014. (Suppl. Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years. 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. On January 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SD Staffing LLC (SD Staffing), aka Atwork Personnel Services Inc., a company based in Methuen, Mass., resolving claims that the staffing company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). 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. 1324b(a)(6). Under the terms of the settlement agreement, USSI will pay $132,000 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. As part of the settlement agreement, the company will pay $7,158 in back pay to two identified victims and $6,400 in civil penalties. Monitoring/reporting period expires July 9, 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. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. On December 12, 2018, IER signed a settlement agreement with Afni Inc. resolving a workers charge against one of the companys Tucson, Arizona locations. 1324b(a)(6). IERs investigation also found that DC Precision Machining terminated a U.S. citizen worker when she refused to present the requested document, even though she had already presented sufficient documentation to complete the Form I-9. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. Under the settlement agreement, the City of Waterloo has agreed to pay $13,000 in civil penalties to the United States, to provide the charging party with another opportunity to apply for the position, and to hire or otherwise compensate the charging party if the charging party's performance on the city's hiring tests confirm that he would have been hired but for the discrimination. Ross Stores, Inc. (Unfair Documentary Practices) March 2012. Sernak has also agreed to provide its employees training on the anti-discrimination requirements of the Immigration and Nationality Act (INA), adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement. On February 9, 2006, the Division signed a settlement agreement with Kmart Corporation resolving allegations of unfair documentary practices during the employment eligibility verification process in violation of the INAs anti-discrimination provision. WesPak Inc. (Unfair Documentary Practices) May 2019. 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. Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring. The ITAR does not authorize or require employers to exclude asylees and refugees from consideration and hire only U.S. citizens and lawful permanent residents. On December 23, 2022, IER secured a settlement with Walter J. Willoughby Jr., MD., Ltd. to resolve IERs reasonable cause finding that the company discriminatorily fired a longstanding employee based on her national origin, 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 settlement agreement requires that MJFT pay a civil penalty, train relevant employees about the requirements of 8 U.S.C. Pursuant to the settlement agreement, it will require payment of $49,800 to the United States, payment of back pay to compensate any individuals who were denied employment as a result of ISS' pattern or practice of Unfair Documentary Practices, a continuation of on-going, Division-approved human resources staff training, appropriate modifications of the employer's employment eligibility verification policies and procedures, and Division monitoring/reporting over a two-year compliance period. 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. 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. 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. Under the terms of the settlement, Respondents are required to pay $225,750 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. 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. Master Klean Janitorial (Unfair Documentary Practices) May 2014. The strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. The department's investigation, which was initiated based on a referral from the U.S. 1324b(a)(1)(B). SD Staffing (Citizenship Status) January 2014. 1324b(a)(6). The investigation stemmed from a charge filed by a naturalized U.S. citizen who received a tentative nonconfirmation (TNC) in E-Verify, but ComForcare failed to provide the Charging Party with written notice of her TNC but instead, demanded that she produce a specific List A document (i.e., an "alien card"). 1st Class Staffing, LLC (Unfair Documentary Practices) December 2016. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. 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. IER concluded that these advertisements constituted a pattern or practice of discrimination by routinely excluding work-authorized non-U.S. citizens and resulted in an initial failure to refer an asylee for employment because of his status as an asylee. Holliswood Hospital (Unfair Documentary Practices) December 2012. Complaint Press Release Complaint, Security USA, Inc. (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. 1324b. : 34-2019-0027090 Please note that this matter is currently on appeal to the Third District Court of Appeal. Citizenship and Immigration Services (USCIS), found that El Rancho required lawful permanent residents to present a new employment eligibility document after being hired when their Permanent Resident cards expired, even though the Form I-9 and E-Verify rules prohibit this practice because lawful permanent residents have permanent work authorization in the United States, even after their Permanent Resident cards expire. 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. Up to $21.25 per household with proof of purchase. 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. Settlement Press Release Settlement Agreement, Masterson Staffing Solutions (Unfair Documentary Practices and Citizenship Status) January 2023. On August 17, 2021, IER signed a settlement agreement with Ameritech Global, Inc (Ameritech), resolving a reasonable cause finding that Ameritech 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 failing to consider at least three U.S. worker applicants who nevertheless applied to the advertised positions. The lead plaintiff alleged that he had overpaid by $3,000 for his $100,000 life insurance policy. 1324b(a)(6). Settlement Press Release Settlement Agreement, Diversified Business Consulting (Citizenship Status) December 2014. 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). The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. On Thursday, Dec. 19, a Georgia federal judge awarded $77.5 million to the attorneys representing the class of consumers against Equifax. The charge, investigated by OSC, alleged that Catholic Healthcare West engaged in a pattern or practice of Unfair Documentary Practices by requesting additional documentation from non-U.S. citizens and naturalized U.S. citizens, but not native-born U.S. citizens, at the initial employment eligibility verification stage. 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. N/A. 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. As part of the settlement agreement, Afni agreed to pay back pay to the charging party and a civil penalty to the United States. On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the companys hiring practices. On December 22, 2010, the Department entered into a settlement agreement with Oakwood Health Promotions resolving allegations that its Ashville, N.C., facility unlawfully discriminated against a lawful permanent resident by rejecting her employment eligibility verification documents and rescinding an offer of employment. On April 18, 2022, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IERs reasonable cause finding that UPS committed an unfair documentary practice in violation of 8 U.S.C. 1324b(a)(6). Voting and Election Resourceswww.vote.gov. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. Ashford University class action lawsuit also claims that by inflating its achievement training its graduates for employment, Bridgepoint lied to shareholders and equity filings. As part of the settlement, Aquatico agreed to pay $1,599.20 in civil penalties and back pay. Even though E-Verify found that all of Bianchis non-U.S. citizen employees had permission to work, by only subjecting them to E-Verify, Bianchi imposed an additional burden on them in the hiring process because of their citizenship or immigration status. IERs investigation concluded that Aerojet misunderstood its obligations under government contracts and with federal regulations, such as the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). 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. 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 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. 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. 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. On September 3, 2019, IER signed a settlement agreement with Allied Universal Holdco, LLC (Allied Universal), which had acquired U.S. Security Associates (USSA), to resolve a reasonable cause finding that a USSA branch office had violated the anti-discrimination provision of the Immigration and Nationality Act. On December 13, 2016, the Division signed a settlement agreement resolving its investigation of 1st Class Staffing. The agreement requires the companies to pay a civil penalty of $175,000 to the United States, establish a $50,000 back pay fund, train relevant personnel on avoiding discrimination in the employment eligibility verification process, make policy changes, and be subject to Division monitoring and reporting. 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 May 9, 2019, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Chancery Staffing Solutions LLC, a temporary staffing agency, alleging that the company is responsible for a pattern or practice of citizenship status discrimination in violation of 8 U.S.C. 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). Under the settlement agreement, the Office of the Sheriff's employment eligibility verification practices will be subject to monitoring by the Justice Department and reporting requirements for a period of three years. 1324b(a)(6). 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. The company will also work with the department to identify and pay back pay to additional potential victims that suffered economic harm as a result of the practice. 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. 1324b(a)(6). Settlements with 16 Employers (Listed Below) That Used Georgia Institute of Technologys Job Recruitment Platforms (Citizenship Status) June 2022. 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. On December 30, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Garland Sales, Inc., a Georgia-based rug manufacturer, resolving allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized non-U.S. citizens. 1324b(a)(1) and (a)(6). The investigation also established that the Charging Party was denied employment as a direct result of the discriminatory documentary practices. American Association of Colleges of Podiatric Medicine (AACPM), Prestigious Placement Settlement Agreement. Maged Hakeem Action The Motion to Stay seeks to stay this action pending the outcome of settlement proceedings in the consolidated lawsuit Maged Hakeem, et al. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. Settlement Press ReleaseSettlement Agreement, Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016. Ark Rustic Inn LLC d/b/a Rustic Inn Crabhouse (Unfair Documentary Practices) October 2017. 12/16/2023. 1324b(a)(5). Under the settlement agreement, VRB will pay $24,000 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 one year. After subjecting the employee to months of derogatory comments and jokes based on her Mexican heritage, the coworkers fabricated a false accusation against the employee that played into national origin stereotypes to oust her from the workplace. Brickell Financial Services Motor Club, Inc. d/b/a Road America Motor Club, Inc. (Unfair Documentary Practices) April 2017. 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. terminated or failed to hire a worker who did not produce the requested List A documentation. On December 3, 2020, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Facebook, Inc., alleging 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. 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