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. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. Griffith will receive $15,000 and George, Anderson, and Eggleston will get $5,000 each, according to the filing. 1324b(a)(6). 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. SK Food Group, Inc. (Unfair Documentary Practices) April 2014. The anti-discrimination provision of the INA does not permit employers to express or imply a preference for temporary visa holders over U.S. workers. Under the terms of the settlement agreement, 1st Class Staffing is required to pay the charging party back pay in the amount of $720, pay the United States civil penalties in the amount of $17,600, review and revise its employment eligibility verification policies and practices, ensure that all its staff participate in Division-sponsored internet-based training, and be subject to monitoring for one year. Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. 1324b(a)(6). 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. As part of the settlement agreement, Collins agreed to pay $15,000 in back pay to the former employee and a $600 civil penalty to the federal government. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. 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. 1st Class Staffing, LLC (Unfair Documentary Practices) December 2016. Select Staffing (Unfair Documentary Practices) August 2014. Settlement Press Release Settlement Agreement, Motorcoach Class A Transportation, Inc. (Unfair Documentary Practices) September 2014. Please Call Toll Free 1-888-927-0207. On November 12, 2020, the Division signed a settlement agreement with IAS Logistics DFW, LLC, d/b/a Pinnacle Logistics (Pinnacle Logistics) resolving a claim that the company asked an asylee worker to provide an additional, DHS-issued document to prove his employment eligibility, even though he had already presented sufficient documentation establishing his work authorization, and then terminated his employment when he could not comply with the companys unlawful request. Patriot Staffing & Services (Unfair Documentary Practices) July 2014. Under the terms of the settlement agreement, Standard TyTape Company will pay a civil penalty, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring. Pizzerias, LLC (Unfair Documentary Practices) March 2017. LF Staffing Services, Inc. (National Origin, Unfair Documentary Practices) April 2011. On August 9, 2016, the Division issued a press release announcing it reached an agreement with Hartz Mountain Industries, Inc. to resolve the inclusion of a citizenship requirement in a particular job posting without any legal justification. Additionally, the settlement also requires Tecon to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. 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. Specifically, IER concluded that Panda Express: 1) unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired, and 2) routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. On October 31, 2022, IER signed a settlement agreement with the Giant Company LLC d/b/a Giant Food (Giant) to resolve IERs reasonable cause finding that Giant discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents at its Royersford, Pennsylvania store to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. 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. 34201900270901, in California Superior Settlement Press ReleaseSettlement Agreement, Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016. Apple has reached a tentative settlement in a class-action lawsuit filed in 2019 by a group of U.S. app developers who asserted that Apple engaged in anticompetitive practices in relation. The settlement also resolves claims that the company routinely discriminated against lawful permanent residents by asking them for more or different documents than legally required to demonstrate their continuing permission to work, although they had already provided documents showing permanent work authorization. This is the eighth settlement in this Administrations effort to combat discrimination against U.S. workers for job opportunities. On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. As part of the settlement agreement, the Housing Authority agreed to offer the Injured Party reinstatement, provide him with back pay, and pay a civil penalty to the United States. Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012. 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. The agreement requires CFAI to pay $321,000 in civil penalties to the United States, train its employees on the requirements of 8 U.S.C. On May 23, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with ISS Facilities Company, to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices by requiring non-citizen employees to produce a List A I-9 document issued by the U.S. Department of Homeland Security, instead of allowing individuals the choice to produce List C documents. On January 14, 2021, the Division signed a settlement agreement with National Systems America, LP (NSA) to resolve claims based on its independent investigation into whether the company engaged in discrimination based on citizenship status in the hiring and employment eligibility verification processes in violation of 8 U.S.C. Among other provisions, the settlement agreement requires UCSD to pay $4,712.40 in civil penalties and to undergo IER training on the anti-discrimination provision of the INA. Holliswood 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 for18 months. The case was litigated heavily before the parties agreed to settle the claims for $37.5 million. On October 13, 2015, the Division issued a press release announcing that it filed a complaint against Nebraska Beef, Ltd., alleging that the company breached a settlement agreement that the parties entered into on August 24, 2015. IERs investigation also found that Scott Insurance committed unfair documentary practices against the Charging Party, a lawful permanent resident, when it specifically asked for his Permanent Resident Card (PRC) to assess his employment eligibility, then rejected that valid document, in violation of 8 U.S.C. 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. 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. The agreement resolves a complaint filed with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act. Section 1324b, and undergo departmental reporting and monitoring for 3 years. 1324b(a)(5). 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. Ameritech Global Inc. (Citizenship Status) August 2021. 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. Under the terms of the settlement, Respondent will pay $16,290 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. 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. It is only available to drivers who are not bound by Uber's arbitration clause. As part of the settlement agreement, Garland has agreed to pay $10,000 in back pay civil penalties to the United States, and it has consented to training and reporting obligations. 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. IERs charge-based and independent investigations found that Gap discriminated against certain workers by reverifying their permission to work, even though there was no legal reason to do so. OSC found that Macy's HR employees violated 1324b when it asked that the charging party, who was a lawful permanent resident, produce an unexpired permanent resident card for the Form I-9 process, even though she had already presented other valid documentation. 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 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 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. 1324b(a)(6). 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. 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. 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 case settled prior to the Justice Department filing a complaint in this matter. 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. (DJ# 197-80-45), Settlement Press Release Settlement Agreement, Buddys Kitchen, Inc. (Unfair Documentary Practices) January 2022, On January 10, 2022, the Division signed a settlement agreement with Buddys Kitchen, Inc. (Buddys Kitchen) resolving a reasonable cause finding that Buddys Kitchen had engaged in unfair documentary practices in violation of 8 U.S.C. On April 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas resolving claims that the company engaged in Unfair Documentary Practices discrimination in violation of the Immigration and Nationality Act (INA). The settlement also resolves claims that SMSC discriminated against non-U.S. citizens by restricting security officer positions in Georgia to U.S. citizens without a legal basis. On May 7, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Imagine Schools, Inc., resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act, when it fired an employee at its Imagine School in Groveport, Ohio, in connection with a "reverification" of his employment eligibility. Attorneys. 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. The department's investigation, which was initiated based on a referral from the U.S. 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. Class Action Settlements Class Action Settlements Below we list the current class action settlements we have been able to locate. As part of the settlement agreement, UNFI will pay $3,190 in civil penalties to the government and has already paid full back pay to the Charging Party. 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. Washington Potato Company (Unfair Documentary Practices) November 2016. Security Services Technology Services Professional Services The State of Security Today Bianchi Home Care, Inc. (Citizenship Status) March 2022. Constructor Services, Inc. (Unfair Documentary Practices) October 2014. 1324b(a)(6) when it instructed the worker to produce another DHS document. 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. 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. Navajo Express (Citizenship Status) December 2022. Settlement Press Release Settlement Agreement, Challenger Sports Corporation (Citizenship Status) September 2021. 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. 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. The settlement agreement requires the Companies to, among other things, pay $159,000 in civil penalties, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and undergo departmental monitoring and reporting. On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. 1324b(a)(6). The settlement agreement requires the company to pay the electrician over $24,500 in front pay/back pay, train relevant employees about the anti-discrimination requirements of 8 U.S.C. 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. In a separate agreement, Carrillo Farm agreed to pay a total of $44,000 in lost wages to affected U.S. workers including $8,800 for each U.S. citizen. The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. On February 22, 2023, IER secured a settlement with Amiga Informatics Inc. (Amiga) to resolve IERs reasonable cause finding that the company engaged in citizenship status discrimination, in violation of 8 U.S.C 1324b(a)(1)(B). IERs investigation revealed that the Company incorrectly terminated the charging party after rejecting her unexpired Permanent Resident Card for reverification purposes. 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. 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). To improper requests for specific documents to settle the claims for $ 37.5.. In Sparks, MD of the INA does not permit employers to express or imply a preference temporary! 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