U.S. Department
of Justice
Settlements and Lawsuits
The Washington University (Citizenship Status) April 2024
On April 16, 2024, IER entered into a settlement with The Washington University to resolve IER’s determination that the university’s medical school engaged in hiring discrimination against the Charging Party based on his citizenship status in violation of 8 U.S.C. § 1324b(a)(1) and then retaliated against him for complaining about the discrimination in violation of 8 U.S.C. § 1324b(a)(5). IER’s investigation determined that, after hiring Charging Party, an individual who had been granted asylum by the federal government, the university repeatedly confronted him about his immigration status, his documentation, and his right to work, even though he had provided sufficient proof of his permission to work. IER’s investigation also determined that the university retaliated against the Charging Party when it terminated his employment for complaining about the discrimination. The settlement agreement requires the university to pay civil penalties of $4,465.00 for the violations to the federal government and $3,264.00 in lost wages plus interest to the Charging Party and imposes injunctive relief, including a two-year monitoring period and required training for staff who implement the university’s employment eligibility verification process.
Settlement Press Release Settlement Agreement
Infinity Employment Solutions, Inc (Unfair Documentary Practices) April 2024
On April 11, 2024, IER entered into a settlement agreement with Infinity Employment Solutions, Inc. (formerly doing business as Express Employment Professionals of Mesquite TX) to resolve IER’s determination that the company engaged in an unfair documentary practice against the Charging Party, a lawful permanent resident, in violation of the Immigration and Nationality Act by rejecting his work authorization documents and requesting a specific document based on his immigration status. The settlement includes a civil penalty, lost wages plus interest for the Charging Party, and departmental monitoring requirements.
Settlement Press Release Settlement Agreement
Riata Corporate Group, LLC (Citizenship Status) April 2024
On April 4, 2024, IER entered into a settlement with Riata Corporate Group to resolve IER’s determination that the company engaged in hiring discrimination against the Charging Party based on her citizenship status in violation of 8 U.S.C. § 1324b(a)(1). IER’s investigation determined that Riata was considering the Charging Party for an employment opportunity, but stopped considering her and did not offer her a job when it found out that she was a naturalized U.S citizen. The settlement includes a civil penalty of $4,610 for the violation, $22,400 in lost wages and benefits plus interest for the Charging Party as well as injunctive relief, including a two-year monitoring period, policy changes to Riata’s hiring process, and training for all recruiting staff.
Settlement Press Release Settlement Agreement
Securitas Security Services USA, Inc. (Unfair Documentary Practices) April 2024
On April 2, 2024, IER entered into a settlement agreement with Securitas Security Services USA, Inc. (“Securitas”) to resolve IER’s determination that the company’s East Bay area locations violated the Immigration and Nationality Act (INA) by: routinely asking lawful permanent residents, but not U.S. citizens, to present a Permanent Resident Card for employment eligibility verification, based on their immigration status, from February 3, 2020, to December 20, 2021; and requesting specific documents from additional lawful permanent residents and non-citizens authorized to work for employment eligibility verification, based on the workers’ immigration status. The settlement requires Securitas to pay $100,000 in civil penalties and establish a backpay fund of $75,000 to compensate victims of the company’s discrimination. The agreement also requires the company to undertake policy changes, train staff involved in verifying employment eligibility, and be subject to departmental monitoring.
Settlement Press Release Settlement Agreement
Frank Recruitment Group, Inc (Citizenship Status) March 2024
On March 27, 2024, IER signed a settlement agreement with Frank Recruitment Group, Inc. (“FRG”), which encompasses eight brands (Revolent Group, Nigel Frank International, Mason Frank International, Washington Frank International, Anderson Frank International, Nelson Frank International, Jefferson Frank International, and FRG Technology Consulting), resolving IER’s reasonable cause finding that FRG excluded and deterred certain non-U.S. citizens from applying to jobs based on their citizenship status. IER’s investigation found that FRG excluded and deterred non-U.S. citizen applicants, including individuals granted asylum or refugee status by the federal government, by publishing several job advertisements that restricted eligibility to U.S. citizens and lawful permanent residents without legal justification. The settlement requires FRG to pay $100,000 in civil penalties to the United States, train its employees on the INA’s anti-discrimination provision, revise its employment policies, and be subject to departmental monitoring.
Settlement Press Release Settlement Agreement
Printful, Inc. (Unfair Documentary Practices) March 2024
On March 19, 2024, IER entered into a settlement agreement with Printful, Inc. (Printful) to resolve IER’s determination that the company violated the Immigration and Nationality Act (INA) by: 1) discriminating against a worker based on her citizenship status when checking her permission to work and 2) having a discriminatory policy requiring non-U.S. citizens to present specific documents to prove their permission to work. IER’s investigation found that Printful rejected a non-U.S. citizen’s valid driver’s license and unrestricted Social Security card and required her to present a Permanent Resident Card (sometimes referred to as a “green card”) to demonstrate her permission to work. IER also concluded that for at least a year Printful maintained a policy of discriminating against noncitizens; the company required them to present specific documents but gave U.S. citizens a choice of documents. The settlement requires Printful to pay $27,500 in civil penalties and $6,200 in back pay to the worker. The agreement also requires Printful to implement corrective measures, including having its human resources staff undergo IER training, revising company policies to ensure compliance with non-discrimination obligations, and being subject to departmental monitoring.
Settlement Press Release Settlement Agreement
Latitude, Inc. (Citizenship Discrimination) February 2024
On February 7, 2024, IER secured a settlement agreement with Latitude Inc. (“Latitude”) to resolve its determination that Latitude violated the Immigration and Nationality Act (INA) by unlawfully discriminating against non-U.S. citizens in hiring. IER’s investigation determined that from at least April 2022 through July 2023, Latitude repeatedly refused to refer, recruit, and hire non-U.S. citizens for positions with one of its client companies. The agreement requires Latitude to pay $20,000 in civil penalties, train its personnel on the INA’s requirements, and revise its employment policies.
Settlement Press Release Settlement Agreement
OSI/Fleming's LLC (Unfair Documentary Practices) December 2023
On December 8, 2023, IER entered into a settlement agreement with OSI/Fleming’s LLC. The settlement resolved IER’s reasonable cause finding that the companies engaged in an unfair documentary practice by requiring a non-U.S. citizen to present a specific document to demonstrate his continued employment eligibility. During IER’s investigation, OSI/Fleming’s LLC reinstated the lawful permanent resident and provided him with backpay of $7,688. In addition, during the investigation, OSI/Fleming’s LLC discarded its previous Form I-9 software and installed a new, better software program. The final settlement requires OSI/Fleming’s, LLC to pay $7,122 in civil penalties, and engage in corrective measures, including having their human resources staff undergo IER training, as well as revising their policies to ensure that they meet their non-discrimination obligations.
Settlement Press Release Settlement Agreement
Covenant Transport Group, Inc. (Unfair Documentary Practices) November 2023
On November 20, 2023, IER entered into a settlement agreement with Covenant Transport Group, Inc. and Transport Management Services, LLC, Tennessee-based trucking companies. The settlement resolved IER’s reasonable cause finding that the companies engaged in a pattern or practice of unfair documentary practices by requiring non-U.S. citizens to present specific documents to demonstrate their employment eligibility while allowing U.S. citizens to choose from among various acceptable documents to demonstrate their permission to work. The settlement requires the companies to pay $700,000 in civil penalties and engage in corrective measures, including having their human resources staff undergo IER training, as well as revising their policies to ensure that they meet their non-discrimination obligations.
Settlement Press Release Settlement Agreement
New York City Health and Hospitals Corporation (National Origin) November 2023
On November 16, 2023, IER signed a settlement agreement with New York City Health and Hospitals (NYCHH) to resolve its reasonable cause finding that NYCHH violated the Immigration and Nationality Act (INA) by discriminating against a worker, based on her national origin, when confirming the worker’s permission to work in the United States. IER’s investigation determined that NYCHH rejected the worker’s valid employment authorization document (EAD) which was automatically extended through a notice in the Federal Register applicable to those with Temporary Protected Status (TPS) based on the incorrect assumption that the worker’s country of birth listed on her EAD had to be the same as the country designated for TPS. Under the agreement, NYCHH will pay a civil penalty to the United States and back pay to the affected worker. The agreement also requires NYCHH to train its staff on the INA’s requirements, post notices informing workers of their rights, review and revise it employment policies, and be subject to departmental monitoring for three years.
Settlement Press Release Settlement Agreement
Kforce Inc. (Citizenship Status) November 2023
On November 15, 2023, IER secured a settlement agreement with Kforce Inc. (“Kforce”) to resolve its determination that Kforce violated the Immigration and Nationality Act (INA) by unlawfully discriminating against non-U.S. citizens in hiring. IER’s investigation determined that from at least March 1, 2019, to February 28, 2022, Kforce regularly distributed job advertisements that contained unlawful hiring restrictions based on citizenship status or otherwise screened out candidates based on their citizenship status. The IER investigation also found that Respondent harmed protected non-U.S. citizen workers by unlawfully deterring them from applying to the job advertisements and failing to meaningfully consider those who did apply. The agreement requires Kforce Inc. to pay $690,000 in civil penalties, set aside $230,000 to compensate affected workers, train its personnel on the INA’s requirements, and revise its employment policies.
Settlement Press Release Settlement Agreement
Cox Communications, Inc. (Citizenship Status) November 2023
On November 8, 2023, IER signed a settlement agreement with Cox Communications (Cox) resolving IER’s reasonable cause finding that Cox posted over 100 job advertisements with unlawful citizenship status restrictions on a job recruiting platform operated by the Georgia Institute of Technology (Georgia Tech). Specifically, IER’s investigation found that Cox posted numerous job advertisements that unlawfully excluded workers granted asylum or refugee status, lawful permanent residents, and in one instance, U.S. citizens. The settlement requires Cox to pay $459,895 in civil penalties to the United States, train its recruiting staff on the INA’s anti-discrimination provision, and be subject to departmental monitoring. The agreement also prohibits Cox from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are legally required. This is the 31st settlement IER has reached with an employer that posted discriminatory advertisements on Georgia Tech’s recruiting platform.
Settlement Press Release Settlement Agreement
Apple, Inc. (Citizenship Status) November 2023
On November 8, 2023, IER signed a settlement agreement with Apple to resolve IER’s determination that the company engaged in a pattern or practice of citizenship status discrimination against U.S. citizens, U.S. nationals, lawful permanent residents, and those granted asylum or refugee status in violation of 8 U.S.C. § 1324b(a)(1). IER’s investigation found that Apple violated the INA’s anti-discrimination requirements during Apple’s recruitment for positions falling under the permanent labor certification program (PERM). The investigation found that Apple did not advertise positions Apple sought to fill through the PERM program on its external job website, even though its standard practice was to post other job positions on this website. IER’s investigation also determined that Apple required all PERM position applicants to mail paper applications, even though the company permitted electronic applications for other positions. In some instances, Apple did not consider certain applications for PERM positions from Apple employees if those applications were submitted electronically, as opposed to being submitted by mail. Under the settlement, Apple is required to pay up to $25 million in backpay and civil penalties, $6.75 million in civil penalties and $18.25 million to establish a back pay fund for eligible discrimination victims. In addition, Apple will be required to conduct more expansive recruitment for all PERM positions, including posting PERM positions on its external job website, accepting electronic applications, and enabling applicants to PERM positions to be searchable in its applicant tracking system. Additionally, Apple will train its employees on the INA’s anti-discrimination requirements and be subject to departmental monitoring for the three-year period of the agreement.
Settlement Press Release Settlement Agreement
Greene Kleen of South Florida, Inc. (Unfair Documentary Practices) September 2023
On September 28, 2023, IER signed a settlement agreement with Greene Kleen of South Florida, Inc. (Greene Kleen) to resolve IER’s reasonable cause finding that the company engaged in a pattern or practice of unfair documentary practices based on citizenship status against non-U.S. citizens, in violation of 8 U.S.C. § 1324b(a)(6). IER’s investigation found that Greene Kleen routinely required non-U.S. citizens who have permission to work in the U.S. to provide documentation that proved their particular immigration status while routinely allowing U.S. citizens to present acceptable documentation of their choice, regardless of whether that documentation proved their citizenship. The settlement agreement requires Greene Kleen to pay $140,000 in civil penalties to the United States, post notices informing its workers of their rights, train its administrative and managerial staff on proper procedure for verifying employees’ permission to work in the U.S., preserve information about job applicants, and undergo compliance monitoring by the Department.
Settlement Press Release Settlement Agreement
Home and Body Company (Unfair Documentary Practices) September 2023
On September 28, 2023, IER secured a settlement agreement with Home and Body Company (Home and Body), to resolve its determination that Home and Body violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens when checking their permission to work in the United States. IER’s investigation determined that from at least Sept. 23, 2019, to Oct. 1, 2020, Home and Body routinely required lawful permanent residents to present a Permanent Resident Card when checking their permission to work, based on their citizenship or immigration status. The agreement requires Home and Body to pay $130,000 in civil penalties to the United States, train its personnel on the INA’s requirements, review its employment policies and be subject to monitoring by the department.
Settlement Press Release Settlement Agreement
United Parcel Service, Inc. (Citizenship Status and Unfair Documentary Practices) September 2023
On September 21, 2023, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IER’s reasonable cause findings that UPS: (1) discriminated against an Injured Party who had lawful permanent resident (LPR) status, in violation of 8 U.S.C. § 1324b(a)(1)(B); (2) retaliated against the Injured Party by terminating his employment in violation of § 1324b(a)(5); and (3) implemented a pattern or practice of citizenship status discrimination in hiring, in violation of § 1324b(a)(1)(B). IER’s investigation found that UPS routinely rejected valid documentation from LPRs who were trying to fulfill the airport badging requirements at its facility at Logan Airport. IER’s investigation determined that UPS’s policies prevented the Injured Party from fully onboarding as a ramp agent. The investigation also found that when the Injured Party complained about UPS’s discrimination, the company fired him. IER’s investigation concluded that Logan Airport’s policies did not play any role in the discrimination, and that UPS was solely liable for the violations. The settlement with UPS requires the company to pay the Injured Party over $98,000, pay a civil penalty, train its HR employees, change its policies, and comply with reporting and monitoring requirements.
Settlement Press Release Settlement Agreement
Georgia Institute of Technology (Citizenship Status) August 2023
On August 31, 2023, IER signed a settlement agreement with Georgia Institute of Technology (Georgia Tech), a public, university within the University System of Georgia. The settlement resolves the department’s determination that Georgia Tech violated the Immigration and Nationality Act (INA) by operating a job recruiting platform on which third-party employers paid to post career fair-related advertisements that unlawfully excluded certain non-U.S. citizens, and limited recruitment opportunities for certain non-U.S. citizen students based on their citizenship status. Under the settlement agreement, Georgia Tech will pay a civil penalty of $500,000 to the United States, change its recruiting practices, and revise its policies to promote compliance with the INA. In addition, for three years, Georgia Tech must ensure that certain career services personnel in its undergraduate and graduate programs are trained on the INA’s anti-discrimination provision. In related settlements over the last 14 months the department has secured over $1.6 million in total civil penalties from 30 employers who used Georgia Tech’s recruiting platform to post job advertisements that unlawfully deterred and/or excluded certain non-U.S. citizen students from applying.
Settlement Press Release Settlement Agreement
Space Exploration Technologies Corporation (Citizenship Status) August 2023
On August 24, 2023, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Space Exploration Technologies Corporation (SpaceX) for discriminating against asylees and refugees in hiring, in violation of 8 U.S.C. § 1324b(a)(1)(B). The lawsuit alleges that, from at least September 2018 to May 2022, SpaceX, including its recruiters and high-level officials, routinely discouraged asylees and refugees from applying and refused to hire or fairly consider them, because of their citizenship status. The complaint alleges that in job postings and public statements over several years, SpaceX wrongly claimed that under federal regulations known as “export control laws,” SpaceX could hire only U.S. citizens and lawful permanent residents (LPRs), even though under these laws companies like SpaceX can hire asylees and refugees for the same positions they would hire U.S. citizens and LPRs.
Complaint Press Release Complaint
Mr. Glass Group (Unfair Documentary Practices) August 2023
On August 2, 2023, IER secured a settlement agreement with Mr. Glass Doors and Windows, Inc., Mr. Glass Doors and Windows Manufacturing, LLC, and Powder Coating Technologies, LLC ("Mr. Glass Group”) to resolve its determination that Mr. Glass Group violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens when checking their permission to work in the United States. IER’s investigation determined that from at least March 1, 2018, to Sept. 16, 2020, Mr. Glass routinely required lawful permanent residents to present documentation proving their immigration status when checking their permission to work, based on their citizenship or immigration status. The agreement requires Mr. Glass Group to pay $120,000 in civil penalties to the United States, train its personnel on the INA’s requirements, review its employment policies and be subject to monitoring by the department.
Settlement Press Release Settlement Agreement
FM Talent Source (Citizenship Status) July 2023
On July 20, 2023, IER signed a settlement agreement with FM Talent Source to resolve IER’s reasonable cause finding that the company violated the Immigration and Nationality Act (INA) when it rescinded a job offer from a non-U.S. citizen and delayed his eventual hiring due to unfounded suspicions that the hiring process would take longer because of his citizenship status. Under the settlement, FM Talent will pay a civil penalty to the United States and back pay to the affected worker. The agreement also requires FM Talent to train its recruiting and hiring staff, revise its employment policies, and be subject to departmental monitoring for a three-year period.
Settlement Press Release Settlement Agreement
Mountain Prairie Holdings, formerly DBA Apprentice Personnel (Unfair Documentary Practices) June 2023
On June 13, 2023, IER signed a settlement agreement with Mountain Prairie Holdings LLC, formerly d/b/a Apprentice Personnel, (Mountain Prairie) to resolve IER’s reasonable cause finding that Mountain Prairie discriminated against a work authorized asylum applicant as part of its pattern or practice of requiring certain non-U.S. citizens to show specific documents to prove their work authorization because of their citizenship status in violation of 8 U.S.C. § 1324b(a)(6). The settlement requires Mountain Prairie to undergo training and make policy changes before hiring any more employees, be subject to departmental monitoring, and pay a civil penalty of $7588.
Settlement Press Release Settlement Agreement
Treacy Enterprises, Inc. d/b/a Domino's Pizza (Unfair Documentary Practices) June 2023
On June 8, 2023, IER signed a settlement agreement with Treacy Enterprises Inc., which owns and operates several Domino’s Pizza franchises (“Treacy Enterprises”). The settlement resolves IER’s determination that Treacy Enterprises violated the Immigration and Nationality Act’s antidiscrimination provision, 8 U.S.C. 1324b, (INA) by requiring a lawful permanent worker to provide more documents than necessary to prove his permission to work, even though he had already shown sufficient documentation. IER’s investigation of the worker’s complaint determined that the company discriminated against the worker by (1) demanding additional documentation to prove he could work rather than accepting the valid documents the worker had already provided, and (2) requiring that the worker unnecessarily prove his citizenship status by showing a Permanent Resident Card (also known as a “green card”) to verify the worker’s identity and work authorization through the E-Verify program. The settlement contains injunctive and corrective action provisions, including reporting, training and monitoring requirements during the two-year term of the agreement, as well as a requirement for the employer to pay a civil penalty.
Settlement Press Release Settlement Agreement
N2 Services, Inc. (Citizenship Status) May 2023
On May 26, 2023, IER signed a settlement agreement with N2 Services, Inc. to resolve IER’s reasonable cause finding that the company discriminated against workers based on their citizenship status in violation of 8 U.S.C. 1324b(a)(1)(B) when it published a discriminatory job advertisement online that required applicants to have a temporary work authorization status called Optional Practical Training, which unlawfully excluded all asylees, refugees, lawful permanent residents, and U.S. citizens and non-citizen nationals. The settlement requires N2 Services, Inc. to pay a civil penalty, post notices informing workers of their rights, train its staff, review and revise its employment policies and training materials, and be subject to departmental monitoring for two years.
Settlement Press Release Settlement Agreement
Settlements with 10 Employers (Listed Below) That Used Georgia Institute of Technology’s Job Recruitment Platforms (Citizenship Status) May 2023
On May 23, 2023, IER signed settlement agreements with 10 employers that posted job advertisements with unlawful citizenship status restrictions on a college recruiting platform. The department found that each of the ten employers posted at least one job announcement excluding non-U.S. citizens on an online job recruitment platform operated by Georgia Tech. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters. These 10 agreements add to the department’s recent settlements with 20 other employers to resolve similar claims, totaling over $1.6M in civil penalties. In addition to requiring the ten employers to pay civil penalties totaling $464,360 as outlined in the below chart, each employer must undergo training and change its recruiting practices to avoid future discriminatory postings.
|
Employer |
Penalty Amount |
|
$13,395 |
|
|
$8,930 |
|
|
$183,065 |
|
|
$4,465 |
|
|
$13,395 |
|
|
$191,995 |
|
|
$8,930 |
|
|
$31,255 |
|
|
$4,465 |
|
|
$4,465 |
|
| TOTAL | $464,360 |
Infosoft Solutions, LLC d/b/a KForce Tech LLC (Citizenship Status and National Origin Discrimination) May 2023
On May 22, 2023, IER signed a settlement agreement with Infosoft Solutions, Inc., operating as KForce Tech, LLC, to resolve IER’s reasonable cause finding that the company discriminated based on citizenship status and national origin when it posted six online job advertisements that recruited only temporary visa workers, and in one instance, temporary visa workers from India, to apply. IER’s investigation determined that Infosoft’s actions violated the INA’s antidiscrimination provision, 8 U.S.C. §1321b. The settlement requires Infosoft to pay $25,500 in civil penalties to the United States, train its recruiters on the INA’s requirements, revise its employment policies, and submit to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
American CyberSystems, Inc d/b/a ACS Solutions and d/b/a Innova Solutions (Citizenship Status) May 2023
On May 16, 2023, IER entered into a settlement with ACS Solutions that resolved IER’s reasonable cause finding that the company engaged in discrimination in hiring and/or recruiting or referral for a fee in violation of the INA’s anti-discrimination provision when it recruited workers using several job postings that on their face sought only H-1b visa holders as the desired applicants. Separately, IER’s investigation determined that ACS engaged in discrimination in violation of 8 U.S.C. 1321b(a)(1) by unlawfully discouraging certain non-U.S. citizen job candidates, including asylees and refugees, from applying for a position governed by the International Traffic in Arms Regulation (ITAR) and Export Administration Regulations (EAR) even though those groups are on the same footing as U.S. citizens and lawful permanent residents under those regulations. The settlement required ACS to pay $8,288 in civil penalties and engage in corrective measures, such as training its recruiters about their non-discrimination obligations under the INA.
Settlement Press Release Settlement Agreement
Ameriflight (Unfair Documentary Practices) April 2023
On April 20, 2023, IER signed a settlement agreement with Ameriflight to resolve IER’s reasonable cause finding that Ameriflight discriminated against the charging party in violation of 8 U.S.C. 1324b(a)(6) by rejecting his work authorization documentation which had a different name than his passport, because of his citizenship status. The settlement contains injunctive and corrective action provisions, including reporting, training and monitoring requirements during the two-year term of the agreement, as well as requirements that the employer pay a civil penalty and $7,565 in backpay for the charging party.
Micron Technology, Inc. (Citizenship Status) April 2023
On April 20, 2023, IER signed a settlement agreement with Micron Technology Inc. to resolve IER’s reasonable cause finding that the company discriminated against a U.S. citizen in violation of 8 U.S.C. § 1324b(a)(1) when it failed to hire him for a position and instead hired a temporary visa worker. IER’s investigation determined that Micron unlawfully preferred a temporary visa worker for the position, failing to meaningfully consider the U.S. citizen’s qualifications. Under the settlement, Micron will pay a civil penalty to the United States and offer back pay totaling $85,000 to the affected worker. The agreement also requires that Micron train its staff on the INA’s anti-discrimination provision, change its policies and procedures, and be subject to departmental monitoring for a two-year period.
Settlement Press Release Settlement Agreement
General Motors (Citizenship Status Discrimination and Unfair Documentary Practices) April 2023
On April 18, 2023, IER signed a settlement agreement with General Motors to resolve IER’s reasonable cause findings that the company engaged in two types of discrimination based on citizenship status that violated the INA’s anti-discrimination provision, 8 U.S.C. § 1324b, over approximately two-years. Specifically, IER’s investigation found that General Motors engaged in a pattern or practice of unfair documentary practices from at least July 1, 2019, until May 21, 2021, by requesting non-U.S. citizen new hires to provide more or different documents than the law required to establish their permission to work in the United States, based on their citizenship status. IER’s investigation also found that from at least July 1, 2019, until at least September 2021, General Motors maintained a policy that discriminated against lawful permanent residents in the hiring process based on their citizenship status, by requiring them to provide unnecessary documentation as a condition of employment. The settlement requires General Motors to pay $365,000 in civil penalties, undergo training, enhance its procedures to promote compliance with the INA’s anti-discrimination provision—including while conducting export control assessments under different laws—and undergo reporting and monitoring requirements.
Settlement Press Release Settlement Agreement
Destin Wings, LLC d/b/a Hooters of Destin (Unfair Documentary Practices) April 2023
On April 10, 2023, IER signed a settlement agreement with Destin Wings, LLC d/b/a Hooters of Destin (Destin Wings) to resolve IER’s reasonable cause finding that Destin Wings discriminated against Charging Party when it rejected Charging Party’s acceptable documents for the Form I-9 and required Charging Party to present documentation she could not present due to her citizenship status. In doing so, the company committed unfair documentary practices against Charging Party based on citizenship status, in violation of 8 U.S.C. § 1324b(a)(6). The settlement requires Destin Wings to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, pay a civil penalty, and pay the Charging Party back pay.
Settlement Press Release Settlement Agreement
Amiga Informatics, Inc. (Citizenship Status) February 2023
On February 22, 2023, IER secured a settlement with Amiga Informatics Inc. (Amiga) to resolve IER’s reasonable cause finding that the company engaged in citizenship status discrimination, in violation of 8 U.S.C § 1324b(a)(1)(B). IER’s investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. Four of these advertisements sought only U.S. citizens and lawful permanent residents, thereby deterring others with permission to work in the U.S. without sponsorship, including asylees and refugees, from applying and receiving fair consideration for the employment opportunities. In addition, two advertisements sought only applicants with Optional Practical Training status, a temporary work authorization status given to certain non-U.S. citizen students in the United States. The advertisements thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals. The settlement requires Amiga to pay $24,864 in civil penalties, undergo training, and be subject to monitoring.
Settlement Press Release Settlement Agreement
Masterson Staffing Solutions (Unfair Documentary Practices and Citizenship Status) January 2023
On January 19, 2023, IER signed a settlement agreement with Masterson Staffing Solutions to resolve IER’s reasonable cause finding that the company had a pattern or practice, and committed individual instances, of discrimination against its non-U.S. citizen workers when checking their permission to work in the United States in violation of 8 U.S.C. §§ 1324b(a)(1) and (a)(6). IER’s 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 terms of the settlement, Masterson Staffing will pay a civil penalty of $250,000 to the United States, and make $100,000 available for a back pay fund to compensate victims of Masterson Staffing’s alleged discriminatory practices. Additionally, Masterson Staffing will train staff on the INA’s anti-discrimination provision, modify its policies, and be subject to reporting requirements.
Settlement Press Release Settlement Agreement
Nederlander Marketing, Inc. d/b/a Broadway Direct (Citizenship Status) January 2023
On January 18, 2023, IER signed a settlement agreement with Nederlander Marketing, Inc. d/b/a Broadway Direct (Broadway Direct) to resolve IER’s reasonable cause finding that Broadway Direct engaged in citizenship status discrimination in violation of 8 U.S.C. 1324b(a)(1)(B) by unlawfully restricting hiring for an internship position to U.S. citizens. The settlement contains injunctive and corrective action provisions, including reporting, training and monitoring requirements during the two-year term of the agreement, as well as requirements that the employer pay a civil penalty.
Settlement Press Release Settlement Agreement
Youth Uprising (Citizenship Status and Retaliation) January 2023
On January 9, 2023, IER signed a settlement agreement with Youth Uprising to resolve IER’s reasonable cause findings that the organization engaged in unfair documentary practices against an employee based on citizenship status and retaliated against a human resources staff member, both in violation of the INA’s anti-discrimination provision. IER’s investigation found evidence that Youth Uprising unlawfully rejected a non-U.S. citizen’s valid work authorization documentation, requested specific documentation, and then terminated her employment, in violation of 8 U.S.C. 1324b(a)(6), and also retaliated against a human resources staff member when it terminated her for investigating Youth Uprising’s document rejections, in violation of 8 U.S.C. 1324b(a)(5). The settlement requires the organization to take corrective actions, including reporting, training and monitoring requirements during the two-year term of the agreement, as well as to pay a civil penalty. Both injured parties were compensated for lost wages before IER began its investigation, but the settlement requires Youth Uprising to offer both individuals reinstatement to their previous positions.
Settlement Press Release Settlement Agreement
Walter J. Willoughby Jr., MD., Ltd (National Origin) December 2022
On December 23, 2022, IER secured a settlement with Walter J. Willoughby Jr., MD., Ltd. to resolve IER’s reasonable cause finding that the company discriminatorily fired a longstanding employee based on her national origin, in violation of 8 U.S.C. § 1324b(a)(1)(A). IER’s investigation determined that the company terminated the high-performing Mexican-American employee based on her coworkers’ discriminatory bias. 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. In March 2020, the medical practice credited the coworkers’ accusations without investigating them and agreed to terminate the employee on that basis. The agreement requires Walter J. Willoughby Jr., MD., Ltd to pay $42,500 to the affected worker and a civil penalty to the United States. In addition, the agreement requires the company to train its employees on the INA’s anti-discrimination requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
Secureapp Technologies, LLC (Citizenship Status) December 2022
On December 12, 2022, IER secured a settlement with Secureapp Technologies, LLC (Secureapp) to resolve IER’s 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). IER’s 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. 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. The settlement requires Secureapp to pay $26,000 in civil penalties, undergo training, and be subject to monitoring.
Settlement Press Release Settlement Agreement
Navajo Express (Citizenship Status) December 2022
On December 12, 2022, IER signed a settlement agreement with Navajo Express (Navajo) to resolve IER’s 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. § 1324b(a)(6). The settlement also resolved IER’s reasonable cause finding that Navajo had a policy of unlawfully reverifying lawful permanent residents in violation of 8 U.S.C. § 1324b(a)(6). The settlement requires Navajo to undergo training, make policy changes, be subject to monitoring, and pay a civil penalty of $45,000.
Settlement Press Release Settlement Agreement
Lady M Confections Co, Ltd and Lady M West Third, LLC (Citizenship Status) Novmeber 2022
On November 29, 2022, IER signed a settlement agreement with Lady M Confections Co., Ltd. and Lady M West Third, LLC to resolve IER’s reasonable cause finding that Lady M had a practice of discriminating against lawful permanent residents based on their citizenship status in violation of 8 U.S.C. § 1324b(a)(6). Specifically, IER’s investigation found that the bakery chain required lawful 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. The settlement requires Lady M to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty.
Settlement Press Release Settlement Agreement
Aero Precision (Citizenship Status) November 2022
On November 21, 2022, the Division signed a settlement agreement with Aero Precision, Inc. (“Aero Precision), a firearm manufacturer, to resolve an independent investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. § 1324b. IER’s investigation concluded that Aero Precision had a policy of unlawfully screening out certain non-U.S. citizen job candidates, including asylees and refugees. Firearm manufacturers in the United States may be subject to the International Traffic in Arms Regulations (ITAR), which regulate specific exports of defense articles and services. 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. IER’s investigation found that from April to September 2020, Aero Precision limited hiring to just U.S. citizens and lawful permanent residents, placing unnecessary hiring restrictions on its workforce in violation of the Immigration and Nationality Act. Under the settlement agreement, the company will train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Giant Food (Unfair Documentary Practices) October 2022
On October 31, 2022, IER signed a settlement agreement with the Giant Company LLC d/b/a Giant Food (Giant) to resolve IER’s 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. § 1324b(a)(6). The settlement requires Giant to undergo training, make policy changes, alter its onboarding software, be subject to monitoring, and pay a civil penalty. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay.
Settlement Press Release Settlement Agreement
Professional Maintenance Management (Unfair Documentary Practices) October 2022
On October 13, 2022, IER signed a settlement agreement with Professional Maintenance Management (PMM), a cleaning and janitorial services company based in Maryland. IER’s investigation determined that PMM routinely required specific documents from newly-hired non-U.S. citizens to prove they had permission to work in the United States. Specifically, IER found that PMM asked lawful permanent residents to show their permanent resident cards (sometimes known as “green cards”), and asylees and refugees to show their employment authorization documents (sometimes known as “work permits”), to prove their permission to work. At the same time, PMM allowed U.S. citizens to choose from among various acceptable document types. Under the settlement agreement, the company will pay a civil penalty of $300,000 to the United States. The settlement also requires PMM to train employees on the requirements of the INA’s anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years.
Settlement Press Release Settlement Agreement
Settlements with 4 More Employers -- CarMax, Axis Analytics, Capital One Bank and Walmart -- That Used Georgia Institute of Technology’s Job Recruitment Platforms (Citizenship Status) September 2022
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. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. The four agreements add to the department’s recent settlements with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty amount for all 20 employers to over $1.1 million. The new settlements resolve IER’s reasonable cause findings that each of the four employers 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. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. In addition to publicizing the unlawful restrictions in the advertisements, the platforms excluded students who did not meet the criteria from equal consideration by preventing them from applying for certain positions and engaging with employers in other ways. Many of the employers also posted unlawful and discriminatory advertisements on other college job recruitment platforms. In addition to requiring the four employers to pay civil penalties totaling $832,944, and each must undergo training and change its recruiting practices to avoid future discriminatory postings. Links to the press release and each settlement follows:
Settlement Agreements for:
A. Olivarez Harvesting, LLC (Citizenship Status) August 2022
On August 24, 2022, IER signed a settlement agreement with A. Olivarez Harvesting, LLC (Olivarez Harvesting) to resolve IER’s reasonable cause finding that the company discriminated against the Charging Parties (both U.S. citizens) based on their citizenship status in violation of 8 U.S.C. § 1324b(a)(1)(B). IER’s investigation found that the company initially offered the Charging Parties crop harvesting jobs, but then falsely told them that the harvesting work was no longer available and instead offered them warehouse packing jobs with a lower hourly wage. The company then employed only H-2A workers to do the higher-paying harvesting jobs. The settlement agreement requires Olivarez Harvesting to pay the Charging Parties back pay for the missed work opportunity, pay a civil penalty to the United States, post notices informing workers of their rights, and undergo training and reporting and monitoring requirements.
Settlement Press Release Settlement Agreement
Technology Hub, Inc. (Citizenship Status) July 2022
On July 1, 2022, IER signed a settlement agreement with Technology Hub, Inc., to resolve IER’s reasonable cause finding that the company committed citizenship status discrimination, in violation of 8 U.S.C. 1324b(a)(1), when it posted online job advertisements that were facially discriminatory, excluding certain categories of protected individuals from consideration. IER’s investigation concluded that Technology Hub excluded asylees, refugees and U.S. nationals when advertising certain vacancies for only U.S. citizens and lawful permanent residents. IER also concluded that on at least one occasion Technology Hub discriminated against U.S. workers when it advertised a job seeking only H-1B visa workers. The settlement requires Technology Hub’s 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.
Settlement Press Release Settlement Agreement
Settlements with 16 Employers (Listed Below) That Used Georgia Institute of Technology’s Job Recruitment Platforms (Citizenship Status) June 2022
On June 27, 2022, IER signed settlement agreements with 16 employers that posted job advertisements with unlawful citizenship status restrictions: Akuna Capital; American Express Company; Area-I Inc.; Blackbaud; CapTech; Clarkston-Potomac Group; Clay Electric Cooperative, Inc.; CONMED; Edward Jones Investments; Keyot LLC; KNAPP Inc.; KPMG LLP; SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware; The Royster Group, Inc.; Sealed Air Corporation; and Toast, Inc. The settlements resolve IER’s 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. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. In addition to publicizing the unlawful restrictions in the advertisements, the platforms excluded students who did not meet the criteria from equal consideration by preventing them from applying for certain positions and engaging with employers in other ways. Many of the employers also posted unlawful and discriminatory advertisements on other college job recruitment platforms. The settlements require the 16 employers to pay civil penalties totaling $832,944 in civil penalties, as listed below, and each must undergo training and change its recruiting practices to avoid future discriminatory postings:
|
EMPLOYER |
PENALTY AMOUNT |
|
$306,656 |
|
|
$256,928 |
|
|
$103,600 |
|
|
$33,152 |
|
|
$29,008 |
|
|
$29,008 |
|
|
$24,864 |
|
|
$12,432 |
|
|
$8,288 |
|
|
$4,144 |
|
|
$4,144 |
|
|
$4,144 |
|
|
$4,144 |
|
|
$4,144 |
|
|
SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware |
$4,144 |
|
$4,144 |
|
|
TOTAL |
$832,944 |
SpringShine Consulting (Citizenship Status) June 2022
On June 23, 2022, IER signed a settlement agreement with SpringShine Consulting, Inc. to resolve IER’s reasonable cause finding that the company discriminated against U.S. workers based on their citizenship status in violation of 8 U.S.C. 1324b(a)(1)(B) when it solicited applications for employment opportunities only from individuals seeking sponsorship for temporary work visas. 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. The settlement requires SpringShine to pay civil penalties and ensure that its current and future job postings do not include any preference for or targeting of applicants who are non-U.S. citizens on temporary work visas. Additionally, SpringShine will train relevant staff and submit to monitoring.
Settlement Press Release Settlement Agreement
Temple Beth El (Unfair Documentary Practices) June 2022
On June 6, 2022, IER signed a settlement agreement with Temple Beth El to resolve IER’s reasonable cause finding that it discriminated against a lawful permanent resident in violation of 8 U.S.C. § 1324b(a)(6). Specifically, IER’s investigation found that the synagogue, in staffing its pre-school, discriminated against a non-U.S. citizen based on citizenship status when checking the individual’s permission to work in the United States. 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.
Settlement Press Release Settlement Agreement
Amtex Systems, Inc (Citizenship Status) May 2022
On May 17, 2022, IER signed a settlement agreement with Amtex System, Inc. (Amtex) to resolve IER’s reasonable cause finding that the company discriminated against the Charging Party (a U.S. citizen), and other individuals, including two lawful permanent residents, in violation 8 U.S.C. § 1324b(a)(1)(B). Amtex is an IT recruitment company that, among other things, identifies candidates for third parties who are seeking IT professionals. IER concluded that Amtex used recruiters working abroad who engaged in a pattern or practice of implementing clients’ unlawful citizenship or immigration status preferences for job candidates in or around January 2021 by: a) emailing job ads with discriminatory preferences that deterred potential candidates from applying, and b) refusing to consider at least two protected U.S. worker candidates for “OPT preferred” job opportunities, based on their citizenship or immigration status. The settlement requires Amtex to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty.
Settlement Press Release Settlement Agreement
JMJ Talent Solutions, Inc. (Unfair Documentary Practices) May 2022
On May 17, 2022, IER signed a settlement agreement with JMJ Talent Solutions, Inc. to resolve IER’s reasonable cause finding that the staffing company discriminated against the Charging Party, a lawful permanent resident, and two other lawful permanent residents, in violation of 8 U.S.C. § 1324b(a)(6). IER’s investigation found that the company asked the three lawful permanent residents to show specific documents to prove their permission to work in the United States rather than giving them a choice as to which acceptable documentation to show, based on their citizenship status. The settlement agreement requires certain JMJ Talent Solutions to review and revise as necessary its policies and procedures to promote compliance with the law, post notices of worker’s rights under the law, have certain employees attend an IER training on the law, and pay a civil penalty.
Settlement Press Release Settlement Agreement
Cloud Peritus (Unfair Documentary Practices) May 2022
On May 9, 2022, IER signed a settlement agreement with Cloud Peritus, Inc. to resolve IER’s reasonable cause finding that Cloud Peritus discriminated against the Charging Party, a lawful permanent resident, in violation of 8 U.S.C. § 1324b(a)(6). Specifically, IER’s investigation found that the IT consulting company asked the Charging Party to produce more documents to assess his employment eligibility after he had already provided sufficient documentation, based on his citizenship status. The settlement requires Cloud Peritus to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty.
Settlement Press Release Settlement Agreement
United Parcel Service, Inc. (Unfair Documentary Practices) April 2022
On April 18, 2022, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IER’s reasonable cause finding that UPS committed an unfair documentary practice in violation of 8 U.S.C. § 1324b(a)(6). IER’s 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 driver’s license and unrestricted social security card, which were sufficient proof. 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. When UPS received the notification, the company asked the worker for additional documents instead of checking for a simple data entry error, as the company did when it received such notices for U.S. citizen workers. The settlement requires UPS to pay a civil penalty, train its HR employees, and comply with reporting and monitoring requirements.
Settlement Press Release Settlement Agreement
Bianchi Home Care, Inc. (Citizenship Status) March 2022
On March 16, 2022, IER signed a settlement agreement with Bianchi Home Care Inc. (Bianchi) resolving IER’s reasonable cause finding that Bianchi committed citizenship status discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B). IER’s investigation found that Bianchi engaged in a pattern or practice of citizenship status discrimination by only using E-Verify to confirm the permission to work of its non-U.S. citizen employees and did not use the program for its U.S. citizen employees. Even though E-Verify found that all of Bianchi’s 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. 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. The settlement prohibits Bianchi from selectively using E-Verify to discriminate against employees, and Bianchi must train its employees, change its policies and procedures, and be subject to monitoring for a three-year period.
Settlement Press Release Settlement Agreement
Scott Insurance (Unfair Documentary Practices and Citizenship Status) January 2022
On January 24, 2022, IER signed a settlement agreement with James A. Scott & Son, Inc. d/b/a Scott Insurance resolving IER’s reasonable cause finding that Scott Insurance committed an unfair documentary practice in violation of 8 U.S.C. § 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B). IER’s 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. § 1324b(a)(1)(B). IER’s 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. § 1324b(a)(6). 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. (DJ# 197-80-45)
Settlement Press Release Settlement Agreement
Buddy’s Kitchen, Inc. (Unfair Documentary Practices) January 2022
On January 10, 2022, the Division signed a settlement agreement with Buddy’s Kitchen, Inc. (Buddy’s Kitchen) resolving a reasonable cause finding that Buddy’s Kitchen had engaged in unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6). Specifically, IER’s investigation found that the company requested non-U.S. citizens (primarily lawful permanent residents), but not U.S. citizens, to produce specific documents to establish their permission to work during the employment eligibility verification process. Under the settlement agreement, Buddy’s Kitchen agreed to pay $40,000 in civil penalties, change their employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers’ permission to work in the United States. (DJ# 197-39-150)
Settlement Press Release Settlement Agreement
Microsoft Corporation (Citizenship Status) December 2021
On December 7, 2021, the Division signed a settlement with Microsoft Corporation that resolved claims that the company discriminated based on citizenship status against non-U.S. citizens. Specifically, IER found reasonable cause to believe that Microsoft asked non-U.S. citizens for unnecessary, specific documents to prove they could work without its sponsorship for work visas. 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. The department’s independent investigation, initiated based on a call to IER’s worker hotline, also found evidence that the company repeatedly asked lawful permanent residents, refugees and asylees to undergo an evaluation of their need for sponsorship to work even though they do not require sponsorship to work in the U.S. 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. The settlement also requires Microsoft to stop emailing requests for documents to reverify work authorization to workers whose work authorization should not be reverified, and to allow those who do need to show their continued work authorization to provide their choice of acceptable documentation. 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. The settlement also requires Microsoft to be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
Gap, Inc. (Citizenship Status and Unfair Documentary Practices) November 2021
On November 29, 2021, IER signed a settlement agreement with Gap, Inc. (Gap), resolving claims that the company discriminated against certain non-U.S. citizens (including lawful permanent residents, refugees and asylees) and naturalized U.S. citizens because of their current or prior immigration status, in violation of 8 U.S.C. §§ 1324b(a)(1) and (a)(6). IER’s 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. IER also determined that Gap discriminated against some non-U.S. citizens by requesting that they provide specific documents to confirm that they still had permission to work. IER found that Gap’s reliance on an electronic human resource management system contributed to the company’s discriminatory conduct. As part of the settlement, Gap will pay $73,263 in civil penalties, provide back wages to an asylee and a lawful permanent resident who lost work, train thousands of its employees nationwide, ensure that its electronic programs are compliant with applicable rules, and be subject to monitoring and reporting requirements for three years.
Settlement Press Release Settlement Agreement
SV Donuts One, LLC (Unfair Documentary Practices) November 2021
On November 18, 2021, IER signed a settlement agreement that resolves a reasonable cause finding that SV Donuts One LLC (“SV Donuts”) committed an unfair documentary practice in violation of 8 U.S.C. § 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. § 1324b(a)(1). IER’s investigation found that SV Donuts unlawfully rejected a charging party’s 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. As part of the settlement, SV Donuts is required to take certain corrective actions, including training managers responsible for employment eligibility verification functions, to pay a civil penalty of $3,100, and to pay the charging party the $975 in back pay he is owed.
Settlement Press Release Settlement Agreement
Igloo Products Corp. (Citizenship Status) November 2021
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. § 1324b(a)(1)(B). IER’s independent investigation found that the company declined to consider U.S. workers for its seasonal production helper positions based on an assumption that U.S. workers would not want temporary work, and hired H-2B visa holders instead. In addition to injunctive, corrective action, monitoring, and reporting provisions, Igloo agreed to pay $21,000 in civil penalties and up to $40,000 in back pay to compensate qualified U.S. workers, some of whom had accepted lower-paying positions with Igloo because they were not offered the production helper job. Igloo also agreed to implement measures intended to improve its recruitment of U.S. workers if the company seeks to hire H-2B visa holders within the next three years.
Settlement Press Release Settlement Agreement
Rehrig Pacific Company (Unfair Documentary Practices) November 2021
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. The company mistakenly believed that the worker had provided an Employment Authorization Document for hire, and when the document expired, the company violated 8 U.S.C. § 1324b(a)(6) when it instructed the worker to produce another DHS document. The company immediately rehired the worker and gave him back pay in addition to compensatory damages when it learned of IER’s investigation. Under the agreement, Rehrig will pay a $1,542 civil penalty, train its employees on proper Form I-9 procedure, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Priority Construction, Inc. (Citizenship Status) October 2021
On October 27, 2021, IER signed a settlement agreement with Priority Construction, Inc., a construction company headquartered in Baltimore, MD. IER’s investigation determined that from at least mid-January 2019, until mid-March 2019, the company did not fairly consider potentially qualified U.S. workers for laborer positions because it preferred to hire individuals with H-2B visas, in violation of 8 U.S.C. § 1324b(a)(1)(b). Under the settlement agreement, the company will pay $40,600 to the United States, and conduct enhanced U.S. worker recruitment and advertising for future positions. The settlement also requires the company to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting.
Settlement Press Release Settlement Agreement
Facebook (Citizenship Status) October 2021
On October 19, 2021, the Division reached a settlement with Facebook, Inc., resolving claims that 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. § 1324b. The Division had previously filed a lawsuit in December 2020 alleging that from at least January 1, 2018 to at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders in connection with the permanent labor certification process (“PERM”), refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions. 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 Facebook’s alleged discrimination, and train its employees on the anti-discrimination requirements of 8 U.S.C. § 1324b. In addition, Facebook will be required to conduct more expansive advertising and recruitment for its job opportunities for all PERM positions, accept electronic resumes or applications from all applicants, and take other steps to ensure that its recruitment practices for PERM positions closely resemble its standard recruitment practices.
Settlement Press Release Settlement Agreement
DC Precision Machining, Inc. (Unfair Documentary Practices) September 2021
On September 15, 2021, IER signed a settlement agreement with DC Precision Machining, Inc., resolving a reasonable cause finding that DC Precision Machining discriminated against its workers by requesting specific employment eligibility documents for the Form I-9 process based on each worker’s citizenship status. IER’s 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 agreement, DC Precision Machining will pay back pay of over $21,000 to the worker and a civil penalty of $13,400 to the United States, revise its policies and procedures, train relevant employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements during the agreement’s two-year term.
Settlement Press Release Settlement Agreement
Challenger Sports Corporation (Citizenship Status) September 2021
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. § 1324b(a)(1)(B). 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. The parties have agreed that Challenger will pay a $6000 civil penalty, establish a $36,820 fund to cover back pay and interest for victims, and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
Ascension Health Alliance (Unfair Documentary Practices) August 2021
On August 25, 2021, IER signed a settlement agreement with Ascension Health Alliance (“Ascension”), resolving a reasonable cause finding that Ascension discriminated against non-U.S. citizens (U.S. nationals, lawful permanent residents, asylees, and refugees) by requesting more or different documents than necessary during the employment eligibility reverification process. Specifically, IER’s investigation found that Ascension improperly sent automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees close to the expiration date of the documents they provided when completing the Form I-9. These non-U.S. citizen employees often presented documents that did not require reverification of employment eligibility. In some instances, after sending these unnecessary e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working. In contrast, Ascension did not program the software to send e-mails to U.S. citizens and therefore did not notify U.S. citizens near the expiration of their documents. Under the agreement, Ascension will pay a civil penalty of $84,832 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements during the agreement’s three-year term.
Settlement Press Release Settlement Agreement
Ameritech Global Inc. (Citizenship Status) August 2021
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. Specifically, IER’s 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. In doing so, Ameritech harmed U.S. workers by both unlawfully deterring many of them from applying, and failing to fairly consider hiring those who nevertheless applied. Under the agreement, Ameritech will pay a civil penalty of $10,000 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements during the agreement’s two-year term.
Settlement Press Release Settlement Agreement
JP Senior Healthcare, LLC and JP Senior Management, LLC (Unfair Documentary Practices) August 2021
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 employee’s valid California driver’s 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. The Charging Party was in fact a U.S. citizen and Permanent Resident cards are not issued to U.S. citizens. The documentary demand that the Charging Party present a document he could not legally obtain resulted in the end of the Charging Party’s employment. Under the settlement agreement, the companies will pay a civil penalty to the United States, pay the Charging Party back pay plus interest, and train relevant employees on anti-discrimination obligations.
Settlement Press Release Settlement Agreement
Around the Clock Dispatch, Inc. (Retaliation) July 2021
On July 15, 2021, the Division signed a settlement with Around the Clock Dispatch Inc. resolving a reasonable cause finding that the company retaliated against a worker because he asked for the department’s help in addressing his concerns about an immigration-related employment practice, in violation of 8 U.S.C. § 1324b(a)(5). Specifically, IER’s charge-based investigation found that Around the Clock suspended the worker for three days without pay because he called IER to ask for help addressing a concern about the company’s process for verifying his work authorization. Under the settlement agreement, Around the Clock will pay $3,600 in civil penalties to the United States, and pay nearly $900 in back pay plus interest to the Charging Party. Additionally, the settlement also requires Around the Clock to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
Easterseals-Goodwill Northern Rocky Mountain, Inc. (Unfair Documentary Practices) June 2021
On June 24, 2021, IER signed a settlement agreement with Easterseals-Goodwill Northern Rocky Mountain, Inc. (“ESGW”), resolving claims that ESGW engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. § 1324b(a)(6). IER’s 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. 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. The settlement agreement requires ESGW to pay a civil penalty of $6,186, train relevant employees about the anti-discrimination requirements of 8 U.S.C. § 1324b, and undergo departmental monitoring for two years.
Settlement Press Release Settlement Agreement
Tecon Services, Inc. (Unfair Documentary Practices) June 2021
On June 15, 2021, IER signed a settlement with Tecon Services, Inc. resolving a reasonable cause finding that the company engaged in an unfair documentary practice based on national origin, in violation of 8 U.S.C. § 1324b(a)(6). Specifically, IER’s charge-based investigation found that Tecon rejected the U.S. Passport presented by the Charging Party, a naturalized U.S. citizen originally from Venezuela, for the Form I-9, and demanded more or different documentation in order to establish work authorization based on her national origin in violation of 8 U.S.C. § 1324b(a)(6). Under the settlement agreement, Tecon will pay $1,542 in civil penalties to the United states, and pay $3,783.75 back pay plus $480 interest to the Charging Party. Additionally, the settlement also requires Tecon to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
L.N.K. International, Inc. (Unfair Documentary Practices) May 2021
On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. The Division’s investigation made a reasonable cause finding that from January 1, 2018 to July 30, 2020, LNK’s Human Resources department engaged in a pattern or practice of: (1) requesting specific documents from lawful permanent residents to prove their citizenship status, and (2) requiring asylees and refugees to provide Employment Authorization Documents during the employment eligibility reverification process in violation of 8 U.S.C. §§ 1324b(a)(6). Under the settlement agreement, the company will pay a civil penalty of $220,000 to the United States. The settlement also requires LNK to train employees on the requirements of the INA’s anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years.
Settlement Press Release Settlement Agreement
Pyramid Consulting, Inc. (Citizenship Status and Unfair Documentary Practices) May 2021
On May 24, 2021, the Division signed a settlement agreement with Pyramid Consulting, Inc. (Pyramid), resolving a claim that Pyramid engaged in unlawful citizenship status discrimination and unfair documentary practices, in violation of 8 U.S.C. §§ 1324b(a)(1) and (a)(6). IER’s investigation concluded that Pyramid, which recruits individuals for IT positions, unlawfully rejected valid documents and demanded a different document to verify an asylee’s work authorization, and then terminated the employee for failing to comply with the demand. Under the settlement agreement, the company will pay a civil penalty of $5,204 to the United States, pay $13,930 in back pay to the Charging Party, train relevant employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring.
Settlement Press Release Settlement Agreement
Aerojet Rocketdyne, Inc. (Citizenship Status) May 2021
On May 17, 2021, the Division signed a settlement agreement with Aerojet Rocketdyne, Inc. (Aerojet), a to resolve a charge-based investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B). IER’s 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). The investigation also determined that the company incorrectly believed that it could only hire U.S. citizens to fill 12 mechanic positions, so it did not let the Charging Party and other non-U.S. citizens apply for jobs in its Jupiter, Florida location. The company changed its hiring practices after notice of IER’s investigation. Under the settlement agreement, the company will pay a civil penalty of $37,008 to the United States, train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Adaequare, Inc. (Citizenship Status) March 2021
On March 31, 2021, the Division signed a settlement agreement with Adaequare Inc. (Adaequare) to resolve an independent investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B). IER’s investigation concluded that the company, which recruits workers for other entities, engaged in discrimination in the hiring or recruitment/referral for a fee processes by considering only applicants who were U.S. citizens and lawful permanent residents when filling a job for a client. Under the settlement agreement, the company will pay a civil penalty to the United States, train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Spike, Inc. (Citizenship Status) March 2021
On March 31, 2021, the Division signed a settlement agreement with Spike Inc., a construction company headquartered in Sparks, MD. The Division’s investigation determined that from at least Feb. 1, 2019, to March 11, 2019, Spike discriminated against four U.S. workers by failing to consider them for temporary mover positions. 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, Spike will pay a civil penalty of $ 12,000 to the United States, pay up to $70,000 in back pay to affected U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. The settlement also requires Spike to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
G4S Secure Solutions USA, Inc (Citizenship Status) March 2021
On March 31, 2021, IER signed a settlement agreement with G4S Secure Solutions USA Inc., resolving claims that the company engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. § 1324b(a)(6). IER’s investigation found that G4S, a security services company based in Jupiter, Florida, rejected the Charging Party’s 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 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. § 1324b, and undergo departmental monitoring for two years.
Settlement Press Release Settlement Agreement
Service Minds Inc d/b/a Mister Sparky (Citizenship Status and Retaliation) February 2021
On February 4, 2021, IER signed a settlement agreement with Service Minds, Inc. d/b/a Mister Sparky, resolving claims that the company retaliated against a work-authorized electrician, in violation of 8 U.S.C. § 1324b(a)(5). IER’s investigation concluded that a company recruiter incorrectly told the electrician that the company only hired U.S. citizens. When the electrician and his wife objected to the hiring practice, the recruiter did not continue considering the electrician for employment. IER determined that the electrician was qualified for the job and that the company would have hired him if had he and his wife had not objected. 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. § 1324b and undergo departmental monitoring for two years.
Settlement Press Release Settlement Agreement
Quantum Integrators Group (Referral for a Fee, Unfair Documentary Practices, and Citizenship Status) January 2021
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. The Division’s investigation concluded that Quantum violated the Immigration and Nationality Act (INA) by requiring a lawful permanent resident (LPR) to provide her Permanent Resident Card, and conditioning further consideration for referral for a fee on her compliance with this request, because the she was not a U.S. citizen. Additionally, the Division’s investigation concluded that the company had a pattern or practice of requiring more or additional documents than are legally required to establish work eligibility from work-authorized non-citizens. Under the settlement agreement, Quantum will pay a civil penalty of $4500 to the United States, train its employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021
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. § 1324b(a)(1)(B) and (a)(6). The company recruits employees using a foreign company as its agent, and directly hires them to perform IT work for NSA clients. IER’s investigation concluded that the company (1) engaged in a pattern or practice of recruiting and hiring only U.S. citizens or U.S. citizens and lawful permanent residents for certain positions without legal justification, in violation of 8 U.S.C. § 1324b(a)(1)(B); and (2) on numerous occasions, requested copies of Permanent Resident Cards to confirm the citizenship status and work authorization of candidates who identified themselves as lawful permanent residents during the applicant screening process, in violation of 8 U.S.C. § 1324b(a)(6). Under the settlement agreement, the company will pay a civil penalty of $34,200 to the United States and train its employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Collabera, Inc. (Citizenship Status and Unfair Documentary Practices) January 2021
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 their citizenship status in violation of 8 U.S.C. §1324b(a)(6). Under the settlement agreement, Collabera will pay $53,000 in civil penalties, provide back pay of $35,475.92 to one discrimination victim, train its employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Northgate Gonzalez Markets, Inc (Unfair Documentary Practices) December 2020
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 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 INA’s anti-discrimination provision, and be subject to departmental reporting requirements during the agreement’s two-year term.
Settlement Press Release Settlement Agreement
Ikon Systems, LLC (Citizenship Status) December 2020
On December 8, 2020, the Division signed a settlement agreement with Ikon Systems, LLC, resolving claims that Ikon routinely 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 that Ikon failed to consider at least one U.S. citizen applicant who applied to a discriminatory advertisement. Specifically, IER’s 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. Under the agreement, Ikon will pay a civil penalty of $27,000 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements during the agreement’s two-year term. Separately, Ikon will pay the $15,000 to the Charging Party.
Settlement Press Release Settlement Agreement
Facebook (Citizenship Status) December 2020
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. § 1324b(a)(1). The lawsuit alleges that Facebook routinely refused to recruit, consider, or hire U.S. workers for positions that it reserved for temporary visa holders in connection with the permanent labor certification process (“PERM”). The complaint alleges that beginning no later than January 1, 2018 and lasting until at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders, refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions.
Complaint Press Release Complaint
Security USA, Inc. (Unfair Documentary Practices) November 2020
On November 24, 2020, IER signed a settlement agreement with Security USA, LLC (Security) resolving claims by a Charging Party (“CP”) that the company made unnecessary and excessive document demands in violation of 8 U.S.C. § 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. § 1324b(a)(5). IER’s 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. The settlement agreement requires Security to agree to train relevant employees about the anti-discrimination requirements of 8 U.S.C. § 1324b and undergo departmental monitoring for 3 years.
School Board of Palm Beach County (Unfair Documentary Practices) November 2020
On November 16, 2020, the Division signed a settlement agreement with the School Board of Palm Beach County resolving claims that the School District routinely asked non-U.S. citizens to provide documents issued by the Department of Homeland Security, such Permanent Resident Cards, to prove their employment eligibility, even though the individuals may have wished to present other valid documentation, such as an ID and unrestricted Social Security card. 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 INA’s anti-discrimination provision, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Pinnacle Logistics (Unfair Documentary Practices and Citizenship Status) November 2020
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 company’s unlawful request. Under the agreement, Pinnacle Logistics agreed to pay a civil penalty to the United States and $7,641 in back pay to the asylee, train its employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements during the agreement’s two-year term.
Settlement Press Release Settlement Agreement
Fleetlogix, Inc. (Unfair Documentary Practices) November 2020
On November 10, 2020, the Division signed a settlement agreement with Fleetlogix, Inc. (Fleetlogix) resolving claims that the company routinely asked the non-U.S. citizens it hired in Phoenix to provide documents issued by the Department of Homeland Security, such as I-94s with refugee/asylee annotations, or Permanent Resident Cards, to prove their employment eligibility. 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 INA’s anti-discrimination provision, and be subject to departmental reporting requirements.
Settlement Press Release Settlement Agreement
Security Management of South Carolina, LLC (Citizenship Status) October 2020
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. IER’s investigation determined that SMSC discriminated against a worker by withdrawing a conditional offer of employment based on the worker’s citizenship status as a naturalized U.S. citizen. 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. 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. § 1324b, and be subject to departmental monitoring. SMSC will also pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay.
Settlement Press Release Settlement Agreement SMSC Back Pay Claim Form
WinCraft, Inc. (Unfair Documentary Practices and Citizenship Status) October 2020
On October 5, 2020, the Division signed a settlement agreement with WinCraft, Inc. resolving claims that WinCraft routinely required lawful permanent residents to provide their Permanent Resident Cards (sometimes known as “green cards”) to prove their work authorization at both the initial hire and re-verification stages, both in violation of the Immigration and Nationality Act’s anti-discrimination provisions, 8 U.S.C. § 1324b. Under the settlement agreement, WinCraft is required to pay a civil penalty of $5,400 to the United States, train its employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental reporting requirements over the term of the agreement.
Settlement Press Release Settlement Agreement
AllianceIT (Citizenship Status) August 2020
On August 17, 2020, IER signed a settlement agreement with AllianceIT, based in Pleasanton, CA, resolving a reasonable cause that AllianceIT engaged in recruiting discrimination based on citizenship status in violation of 8 U.S.C. § 1324b(a)(1). IER’s investigation showed that one of the company’s recruiters, without prior notice to senior company officials, had placed a facially discriminatory job posting on Dice.com, for a “Java Junior Developer (ONLY OPT’s who can work on W2).” During the course of IER’s 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 INA’s anti-discrimination provision. 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 INA’s anti-discrimination provision and to be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
ASTA CRS, Inc. (Citizenship Status) July 2020
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. IER concluded that by soliciting applications only from applicants with certain non-U.S. citizen immigration statuses and referencing the need for specific work permits that can only be obtained by non-U.S. citizens on certain temporary visas, ASTA’s job advertisement unlawfully deterred U.S. citizens, lawful permanent residents, refugees, and asylees from applying for the job opportunity. Under the settlement agreement, ASTA is required to train its employees on the requirements of the INA’s anti-discrimination provision and to be subject to departmental monitoring and reporting requirements for a two-year period.
Settlement Press Release Settlement Agreement
Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020
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 & Porter’s direction, imposed unauthorized citizenship status restrictions. The companies screened out U.S. citizens with dual citizenship and non-U.S. citizens with work authorization from an Arnold & Porter document review project. The settlement also resolves claims that Law Resources separately retaliated against the worker whose charge prompted IER’s investigations by placing her on a “do not use” list after she objected to the project’s citizenship status restriction. Under the settlement agreement, the companies will, among other things, pay a $56,500 civil penalty to the United States for the citizenship status discrimination, establish a $55,000 back pay fund for affected workers, train their staff on the requirements of 8 U.S.C. § 1324b, and be subject to departmental monitoring. Law Resources will pay an additional $3,000 civil penalty for its retaliation and offer $11,875 in back pay to the Charging Party.
Please note that if you have submitted a claim for back pay compensation under the settlement agreement between IER, Arnold & Porter, and Law Resources, you can expect to receive a determination regarding your claim no later than August 2021.
Settlement Press Release Settlement Agreement
Bel USA, LLC (Unfair Documentary Practices) July 2020
On July 6, 2020, the Division signed a settlement agreement with Bel USA LLC, resolving claims that Bel USA, located in Miami-Dade County, Florida regularly required work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens, to provide specific Department of Homeland Security-issued employment eligibility documents during the employment eligibility verification process because of their citizenship or immigration status. Under the agreement, Bel USA agreed to pay a civil penalty of $100,000 to the United States, change its employment eligibility verification policies and practices, train its relevant personnel involved in hiring and human resources on the INA’s anti-discrimination requirements, and be subject to Division monitoring and reporting for a three-year period.
Settlement Press Release Settlement Agreement
ChemArt (Unfair Documentary Practices and Retaliation) June 2020
On June 3, 2020, IER signed a settlement agreement with ChemArt, a Rhode Island manufacturing company, resolving claims that the company discriminated against a worker during the employment eligibility verification process and then retaliated against her. IER’s 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. Under the settlement agreement, ChemArt will, among other things, pay a $3,000 civil penalty to the United States, provide back pay to the worker, train its staff on the requirements of 8 U.S.C. § 1324b, and be subject to departmental monitoring.
Settlement Press Release Settlement Agreement
Randstad North America, Inc. (Unfair Documentary Practices and Citizenship Status) April 2020
On May 7, 2020, the Division signed a settlement agreement with Randstad North America, Inc., to resolve claims arising from a charge-based investigation into the company’s Form I-9 and E-Verify practices at its South Plainfield, New Jersey, location. The Division’s investigation concluded that the company’s South Plainfield branch violated the Immigration and Nationality Act by routinely discriminating against lawful permanent residents based on their citizenship status, including the charging party, when verifying their work authorization. Randstad requested specific and unnecessary documents from lawful permanent residents to prove their work authorization, and failed to hire the charging party after rejecting her sufficient documentation. Under the settlement agreement, Randstad will pay a civil penalty of $135,000 to the United States, and provide $909 in back pay to the affected worker. The settlement also requires Randstad to train its South Plainfield employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
Taiyo International Inc. (Retaliation) April 2020
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. § 1324b. The Division’s investigation determined that, after the worker complained that questions Taiyo asked about her national origin, citizenship status, naturalization timing, and valid work authorization documents were discriminatory, Taiyo withdrew its offer of employment. Under the settlement agreement, Taiyo will pay a civil penalty to the United States, provide $10,400.00 (gross) in back pay and interest to the worker, post notices informing workers about their rights under 8 U.S.C. § 1324b, and train its staff on the requirements of 8 U.S.C. § 1324b.
Settlement Press Release Settlement Agreement
Southwest Key Programs (Retaliation) April 2020
On April 3, 2020, IER signed a settlement agreement with Southwest Key Programs (SKP), an organization that operates detention centers, resolving claims that SKP retaliated against a former employee. IER’s investigation of the former employee’s charge determined that an SKP human resource staffer told the former employee that SKP would not rehire him because he had previously stated that he would file a discrimination complaint to challenge what he believed was SKP’s unfair rejection of his Form I-9 documentation. 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. Among the terms of the agreement, SKP will pay the charging party over $68,000 in front pay and back pay, receive IER training, and modify its policies as necessary. While IER’s investigation was pending the former employee filed his own lawsuit with the administrative court, and the settlement agreement, to which the former employee is a signatory, also resolves that lawsuit.
Settlement Press Release Settlement Agreement
Hallaton, Inc. (Citizenship Status) March 2020
On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. The Division’s investigation determined that from at least Dec. 1, 2017, until at least June 1, 2018, Hallaton routinely discriminated against U.S. workers by failing to consider them for construction laborer positions. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. 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. Under the settlement agreement, Hallaton will pay a civil penalty of $ 43,143 to the United States, pay up to $80,000 in back pay to affected U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. The settlement also requires Hallaton to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements. This is the eighth settlement in this Administration’s effort to combat discrimination against U.S. workers for job opportunities.
Settlement Press Release Settlement Agreement
Chancery Staffing Solutions, LLC aka TransPerfect Staffing Solutions (Citizenship Status) February 2020
On February 18, 2020, the Division signed a settlement agreement with Chancery Staffing Solutions LLC, aka TransPerfect Staffing Solutions, a legal staffing company headquartered in New York, NY. The Division had previously filed a lawsuit in May 2019 alleging that from at least April 4, 2017 to at least July 7, 2017, the company (while operating as TransPerfect Staffing), had implemented a client directive restricting its recruitment and hiring of attorneys for a document review project to U.S. citizens only, and later, to U.S. citizens without dual citizenship. Under the settlement agreement, Chancery Staffing will pay a civil penalty of $27,000, provide back pay to victims identified during the term of the settlement agreement, and participate in Division-provided training on the anti-discrimination provision contained in 8 U.S.C. § 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.
Settlement Press Release Settlement Agreement
Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019
On December 20, 2019, the Division signed a settlement agreement with Adecco USA Inc. (“Adecco”), resolving investigations into the company’s employment eligibility verification policies and practices. The Division’s 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 company’s 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. Under the agreement, Adecco is required to, among other things, pay a civil penalty of $ 67,778 to the United States, train relevant personnel on avoiding discrimination, ensure that their Form I-9/E-Verify software complies with federal requirements, and be subject to Division monitoring and reporting.
Settlement Press Release Settlement Agreement
Onin Staffing, LLC (Unfair Documentary Practices) December 2019
On December 6, 2019, the Division signed a settlement agreement with Onin Staffing, LLC (“Onin”), resolving a claim arising from its investigation into the company’s Form I-9 and E-Verify practices in McAllen, Texas. The Division’s investigation concluded that that the company routinely required specific Form I-9 documents from non-U.S. citizens employees, based on their citizenship status. 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.
Settlement Press Release Settlement Agreement
Perspective Talent, LLC (Citizenship Status) November 2019
On November 12, 2019, IER entered into a settlement with Perspective Talent LLC to resolve investigations into whether the company refused to refer workers for employment based on their citizenship or immigration status. IER concluded that the company unlawfully required applicants for several job advertisements to be U.S. citizens, lawful permanent residents, or holders of TN-1 visas, which excluded other work-authorized non-U.S. citizens including refugees and asylees. 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. The agreement requires the company to train personnel on avoiding discrimination in the hiring or recruitment or referral for a fee processes, make policy changes, and be subject to departmental monitoring and reporting requirements for a three-year period.
Settlement Press Release Settlement Agreement
MUY Brands, LLC (Unfair Documentary Practices) October 2019
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. The Division’s investigation concluded that that the companies routinely required specific Form I-9 identity and work authorization documents from newly hired lawful permanent resident employees based on their citizenship status but did not impose a similar requirement on U.S. citizens. 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.
Settlement Press Release Settlement Agreement
Marion County School District 103 a/k/a Woodburn School District (Citizenship Status) October 2019
On October 15, 2019, IER entered into a settlement agreement with Marion County School District 103, aka Woodburn School District, resolving a charge-based investigation under the anti-discrimination provision of the Immigration and Nationality Act. The District serves suburban and rural communities in Marion County, Oregon. IER’s investigation concluded that the District discriminated against a teacher applicant, in violation of 8 U.S.C. § 1324b(a)(1), by refusing to hire him because of his status as a conditional Lawful Permanent Resident — even though the District’s hiring committee rated him as the most qualified applicant. The Department also concluded that the Woodburn School District pre-screened the applicant when it asked for specific documentation to verify the applicant’s citizenship status and work authorization, but did not make similar requests of U.S. citizens, in violation of § 1324b(a)(6). The settlement agreement requires the School District to pay the teacher applicant $5,774.81 in monetary damages; $5,543 in civil penalties to the United States; and be subject to departmental monitoring, training, and reporting requirements for a three-year period.
Settlement Press Release Settlement Agreement
Allied Universal Holdco, LLC (Unfair Documentary Practices) September 2019
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. IER’s investigation concluded that from at least January 1, 2015 to July 30, 2018, a USSA human resources staff member responsible for completing the employment eligibility verification process for the company’s Fairfax, Virginia office, requested lawful permanent residents, but not similarly situated U.S. citizen employees, produce a permanent resident card, a List A document, to prove their employment eligibility, in violation of 8 U.S.C. § 1324b(a)(6). The settlement agreement requires Allied Universal to, among other things, pay $194,000 in civil penalties, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and undergo department monitoring for a two-year period.
Settlement Press Release Settlement Agreement
Automotive Creations, Inc. (Unfair Documentary Practices) August 2019
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. IER’s investigation concluded that, from at least October 2015 through at least August 2018, the Companies had a pattern or practice of requesting that lawful permanent residents produce specific documents issued by the Department of Homeland Security during the employment eligibility verification process because of their citizenship status, in violation of 8 U.S.C. § 1324b(a)(6). 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.
Settlement Press Release Settlement Agreement
R.E.E., Inc. d/b/a McDonald's (Unfair Documentary Practices and Citizenship Status) August 2019
On August 5, 2019, the Division signed a settlement agreement with R.E.E. Inc. d/b/a McDonald’s (“R.E.E.”) resolving charge-based and independent investigations into the company’s employment eligibility verification practices at McDonald’s franchises in the Texas Rio Grande Valley. The Division’s investigations concluded that R.E.E. routinely requested specific List A Form I-9 documents from newly hired non-U.S. citizen employees on the basis of their citizenship status but did not make similar requests of U.S. citizens. The Division also concluded that R.E.E. terminated or failed to hire a worker who did not produce the requested List A documentation. The agreement requires R.E.E. to pay a civil penalty of $82,800 to the United States, pay $8,746.43 in lost wages to the charging party who filed the initial charge, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make policy changes, and be subject to Division monitoring and reporting.
Settlement Press Release Settlement Agreement
Pete Pappas & Sons, Inc. (Unfair Documentary Practices and Citizenship Status) July 2019
On July 31, 2019, IER executed a settlement agreement with Pete Pappas & Sons resolving IER’s reasonable cause determination that the company discriminated against a refugee based on his citizenship status when it rejected his valid Form I-9 documents during the initial employment eligibility verification process, asked him to provide unnecessary documentation, and delayed his start date. IER’s investigation also found that the company engaged in a pattern or practice of requesting specific documents from non-U.S. citizens for employment eligibility verification because of their citizenship status. 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 company’s human resources personnel on the requirements of the INA’s antidiscrimination provision, and be subject to departmental reporting and monitoring requirements.
Settlement Press Release Settlement Agreement
United General Bakery (Unfair Documentary Practices) July 2019
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. § 1324b(a)(6). IER’s 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. Under the agreement, the Bakery agreed to pay $45,000 in civil penalties, participate in IER-provided training on the INA’s anti-discrimination provision, and undergo departmental reporting and monitoring.
Settlement Press Release Settlement Agreement
Sam Williamson Farms, Inc. (Citizenship Status) June 2019
On June 11, 2019, IER signed a settlement agreement with Sam Williamson Farms, Inc. (“SWF”), resolving an independent investigation into whether the company failed to consider U.S. workers, because of their citizenship status, for strawberry picking positions, in violation of 8 USC 1324b(a)(1)(B). IER’s 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. The strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. Under the agreement, SWF agreed to pay $60,000 in civil penalties to the United States, make up to $85,000 available for back pay to U.S. workers, engage in enhanced recruitment efforts for U.S. workers, participate in IER-provided training on the anti-discrimination provision of the INA, and undergo departmental reporting and monitoring for three years.
Settlement Press Release Settlement Agreement
El Expreso Bus Company (Citizenship Status) May 2019
On May 29, 2019, IER signed a settlement agreement with El Expreso Bus Company (“El Expreso”), resolving IER’s reasonable cause conclusion that the company failed to consider U.S. workers for its temporary bus driving position in 2016 because it preferred to hire temporary H-2B visa workers for those positions, in violation of 8 USC 1324b(a)(1). Under the agreement, El Expreso agreed to pay $31,500 in civil penalties to the United States, make up to $197,500 available to satisfy back pay awards to U.S. workers denied employment, engage in enhanced recruitment efforts for U.S. workers should it choose to use the H-2B visa program, participate in IER-provided training on the anti-discrimination provision of the INA, and undergo departmental reporting and monitoring for a three year period.
Settlement Press Release Settlement Agreement
WesPak Inc. (Unfair Documentary Practices) May 2019
On May 28, 2019, IER reached a settlement agreement with WesPak Inc. to resolve IER’s reasonable cause determination that the agricultural company unnecessarily required lawful permanent residents to re-prove their work authorization when their original documents expired, even though their original documents – such as Permanent Resident Cards -- demonstrated the workers’ permanent authorization to work in the United States. WesPak did not similarly require U.S. citizens whose original work documents had an expiration date to re-prove their work authorization. IER’s investigation therefore concluded that WesPak engaged in unfair documentary practice based on citizenship status, in violation of 8 U.S.C. § 1324b(a)(6). As part of the agreement, the company agreed to pay a civil penalty and be subject to departmental training and monitoring requirements.
Settlement Press Release Settlement Agreement
Stanislaus County (Citizenship Status) May 2019
On May 28, 2019, IER signed a settlement agreement with Stanislaus County to resolve IER’s reasonable-cause determination that Stanislaus County delayed the reinstatement of a deputy sheriff based on his citizenship status, despite receiving documentation showing that he satisfied the applicable state-law citizenship requirement, and imposed unlawful citizenship status restrictions in job advertisements and screening questionnaires. The agreement recognizes that the County unilaterally reinstated the deputy sheriff with back pay and requires the County to edit job advertisements to comply with 8 U.S.C. § 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00.
Settlement Press Release Settlement Agreement
Chancery Staffing Solutions, LLC a/k/a TransPerfect Staffing Solutions, LLC (Citizenship Status) May 2019
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)(1). Chancery Staffing is the successor to TransPerfect Staffing Solutions LLC and continues to do business as both TransPerfect Staffing Solutions and TransPerfect Legal Solutions. The lawsuit alleges that from at least April 4, 2017, to at least July 7, 2017, TransPerfect Staffing Solutions LLC discriminated against non-U.S. citizens and dual U.S. citizens in staffing a temporary document review project for a client, and that Chancery Staffing Solutions LLC is liable for the discrimination as its successor.
Complaint Press Release Complaint
Housing Authority of Victoria, TX (Citizenship Status and Unfair Documentary Practices) April 2019
On April 1, 2019, IER signed a settlement agreement with the Housing Authority of Victoria, Texas (“Housing Authority”), resolving a charge-based investigation. IER’s investigation revealed that the Housing Authority, due to the Injured Party’s citizenship status, requested more and different documentation from him than required, thereby refusing to honor his valid ID and unrestricted Social Security card. IER also determined that the Housing Authority terminated the Injured Party when he could not comply with the discriminatory request. IER concluded that these actions violated 8 U.S.C. §§ 1324b(a)(6) and (a)(1). 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. The Housing Authority also agreed to training and monitoring requirements for two years.
Settlement Press Release Settlement Agreement
CFA Institute (CFAI) (Citizenship Status) February 2019
On February 25, 2019, IER reached a settlement with CFA Institute (CFAI), to resolve a reasonable cause finding that the company violated the Immigration and Nationality Act’s anti-discrimination provision by preferring to hire as exam graders CFAI members with H-1B or similar high-skill temporary visas over its U.S. worker members, based on citizenship status. IER’s investigation concluded that from at least November 2016 through January 2018, CFAI set aside grading positions for temporary visa holders, and thus failed to consider equally qualified U.S. workers, in violation of 8 U.S.C. § 1324b(a)(1)(B). 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. §1324b, and be subject to departmental monitoring and reporting requirements.
Settlement Press Release Settlement Agreement
Mr. K's Used Books & CDs, Inc. (Unfair Documentary Practices) February 2019
On February 19, 2019, IER signed a settlement agreement with Mr. K’s Used Books & CDs, Inc. (Mr. K’s) 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. § 1324b when verifying the worker’s work authorization. IER’s investigation concluded that there was reasonable cause to believe Mr. K’s discriminated against the charging party, a lawful permanent resident, by rejecting her valid documentation establishing her work authorization and requesting more or different documents than necessary based on the worker’s citizenship status and/or national origin. The settlement agreement requires that Mr. K’s pay back pay to the charging party for lost wages and a civil penalty to the United States. The company also agreed to train relevant employees about the anti-discrimination requirements of 8 U.S.C. § 1324b, and undergo departmental monitoring for 3 years.
Honda Aircraft Company, LLC (Citizenship Status) February 2019
On February 1, 2019, the Division reached a settlement agreement with Honda Aircraft Company, LLC (Honda Aircraft) to resolve a reasonable cause finding that Honda Aircraft violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by refusing to consider or hire work-authorized non-U.S. citizens because of their citizenship status. The Department’s independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for vacancies. The Department concluded that the company’s 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). Under the terms of the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job posting unless they are authorized by law. The agreement also requires certain employees to attend training on the INA’s anti-discrimination provision and ensure that trained personnel review future job advertisements.
Settlement Press Release Settlement Agreement
Sinai Health System (Unfair Documentary Practices) December 2018
On December 19, 2018, the Division reached a settlement agreement with Sinai Health System (Sinai) to resolve a reasonable cause finding that Sinai violated the anti-discrimination provision of the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens during the employment eligibility verification process. IER’s independent investigation concluded that, from at least January 1, 2015 through September 30, 2017, a Sinai human resources employee required lawful permanent residents and refugees to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. Under the terms of the agreement Sinai will pay a civil penalty of $7,000, train relevant employees about the requirements of 8 U.S.C. § 1324b, undergo departmental reporting and monitoring, and make IER materials containing information about § 1324b, available at some of its locations.
Settlement Press Release Settlement Agreement
Afni, Inc. (Unfair Documentary Practices) December 2018
On December 12, 2018, IER signed a settlement agreement with Afni Inc. resolving a worker’s charge against one of the company’s Tucson, Arizona locations. IER’s investigation revealed that Afni rejected a lawful permanent resident’s valid Form I-9 documents on more than one occasion, and requested more or different documents based on her citizenship status, both of which are unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6). 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 company also agreed to training and monitoring requirements for a period of 18 months.
Settlement Press Release Settlement Agreement
Walmart Inc. (Unfair Documentary Practices) December 2018
On December 10, 2018, the Division signed a settlement agreement with Walmart Inc. resolving a charge-based and related independent investigation into Walmart’s employment eligibility verification practices in Fort Worth, Texas. IER’s investigations determined that Walmart rejected a Charging Party’s valid state ID and unrestricted Social Security card and required her to produce a List A document because she was a lawful permanent resident. In contrast, Walmart permitted U.S. citizens to produce state IDs and unrestricted Social Security cards. The investigations also revealed that in 2017, a Walmart HR employee had a practice of requesting specific List A documents from certain non-U.S. citizen employees. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. The settlement agreement requires Walmart to pay a civil penalty, train staff in Fort Worth-area stores, and be subject to Division monitoring and reporting.
Settlement Press Release Settlement Agreement
Mrs. Fields' Original Cookies, Inc. (Unfair Documentary Practies) December 2018
On December 6, 2018, the Division reached a settlement agreement with Mrs. Fields’ Original Cookies, Inc. (Mrs. Fields) to resolve a reasonable cause finding that Mrs. Fields violated the anti-discrimination provision of the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens during the employment eligibility verification process. IER’s independent investigation concluded that, from at least March 21, 2016 to March 20, 2017, Mrs. Fields’ production and distribution center in Salt Lake City required lawful permanent residents to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. The settlement agreement requires that Mrs. Fields pay a civil penalty of $26,400, train relevant employees about the requirements of 8 U.S.C. § 1324b, and undergo departmental reporting and monitoring.
Settlement Press Release Settlement Agreement
MJFT Hotels of Flushing LLC (Citizenship Status) November 2018
On November 7, 2018, IER reached a settlement with MJFT Hotels of Flushing LLC (MJFT), the management company for the Hyatt Place Flushing/Laguardia Airport hotel, to resolve a complaint that the company discriminated against a work-authorized immigrant in the hiring process. IER’s investigation concluded that there was reasonable cause to believe that the company discriminated against the charging party, an asylee, by removing him from the hiring process for a job at the hotel because he was not a lawful permanent resident or U.S. citizen. The settlement agreement requires that MJFT pay a civil penalty, train relevant employees about the requirements of 8 U.S.C. Section 1324b, and undergo departmental reporting and monitoring for 3 years.
Settlement Press Release Settlement Agreement
Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018
On October 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia. 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 March 3, 2017, a tribunal found Mar-Jac liable for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) because Mar-Jac routinely required work-authorized non-U.S. citizens (but not U.S. citizens) to present DHS-issued documents to prove their work authorization. The tribunal did not resolve some liability and remedies issues, which the parties continued to litigate following the March 2017 liability finding. Following the parties’ settlement, on October 18, 2018, the tribunal dismissed the matter. Under the settlement agreement, Mar-Jac will pay a civil penalty of $190,000, pay up to $25,000 in back pay to compensate affected employees and applicants, and will have its relevant staff participate in Division-provided training on 8 U.S.C. § 1324b. Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years.
Settlement Press Release Settlement Agreement
Palmetto Beach Hospitality, LLC (H-2B) September 2018
On September 18, 2018, IER signed a settlement agreement with Palmetto Beach Hospitality, LLC (“Palmetto”) resolving IER’s finding that there was reasonable cause to believe the company had denied U.S. citizens employment in 2017 because it preferred to hire temporary foreign H-2B visa workers. Under the agreement, Palmetto is required to pay $42,000 in civil penalties to the United States, participate in IER-provided training on the anti-discrimination provision of the INA, make $35,000 available to fund back pay awards to U.S. workers denied employment, and be subject to departmental monitoring and reporting requirements for a three-year period.
Settlement Press Release Settlement Agreement
Clifford Chance US LLP (Citizenship Status) August 2018
On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (“Clifford Chance”). Based on its investigation, IER found reasonable cause to believe that Clifford Chance unlawfully excluded work-authorized non-citizens and dual citizens from placement on a temporary document review project. 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. Section 1324b, 3) inform clients who request citizenship status restrictions about the law, and 4) undergo departmental reporting and monitoring for two years.
Settlement Press Release Settlement Agreement
Rose Acre Farms, Inc. (Unfair Documentary Practices) August 2018
On August 1, 2018, the Division signed a settlement agreement with Rose Acre Farms, Inc. (Rose Acre), one of the largest egg producers in the United States, resolving the Division’s suit alleging that the company discriminated against work-authorized non-U.S. citizens when verifying their work authorization. The Division’s amended complaint alleged that from at least June 2009 until at least December 22, 2011, Rose Acre engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) by routinely requiring work-authorized non-U.S. citizens (but not U.S. citizens) to present specific documents to prove their work authorization. Under the agreement, Rose Acre paid a civil penalty of $70,000, agreed that staff involved in the recruiting, hiring, or employment eligibility verification process will participate in Division-provided training on the antidiscrimination provision of the Immigration and Nationality Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for two years.
Settlement Press Release Settlement Agreement
Triple H Services, Inc. (Citizenship Status) June 2018
On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (“Triple H”). After investigating, IER determined that Triple H did not consider certain U.S. citizens for employment as landscapers in 2017 because it preferred to hire temporary foreign H-2B visa workers. The settlement agreement requires Triple H to, among other things: 1) pay $15,600 in civil penalties; 2) engage in enhanced recruiting efforts for U.S. workers, beyond what the Department of Labor's program requires; 3) set aside a back pay fund of $85,000 to provide back pay to U.S. applicants who were unfairly denied employment; 4) undergo department-provided training on the anti-discrimination provision of the INA; and 5) undergo departmental reporting and monitoring.
Settlement Press Release Settlement Agreement
J.C. Penney (Unfair Documentary Practicers) June 2018
On June 25, 2018, IER signed a settlement agreement with J.C. Penney Corporation, Inc. (the “Company”) resolving a charge-based and a related independent investigation into the Company’s employment eligibility verification practices nationwide. IER’s investigation revealed that the Company incorrectly terminated the charging party after rejecting her unexpired Permanent Resident Card for reverification purposes. IER’s investigation further found that the Company violated 8 U.S.C. Section 1324b(a)(6) by: (1) engaging in a pattern or practice of incorrectly reverifying non-U.S. citizens who presented a Social Security card at initial hire, based on their citizenship or immigration status; and (2) requiring at least seven permanently work-authorized non-U.S. citizens to produce specific documents for reverification purposes based on their citizenship or immigration status, but did not make similar requests to U.S. citizens. 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.
Settlement Press Release Settlement Agreeement
Setpoint Systems, Inc. (Citizenship Status) June 2018
On June 19, 2018, the Division signed a settlement agreement with Setpoint Systems, Inc., resolving a reasonable cause finding that the company engaged in citizenship status discrimination in violation of 8 U.S.C. § 1324b(a)(1). The Division’s independent investigation revealed that Setpoint failed to consider non-citizen applicants for any professional positions at the company due to its misunderstanding of the restrictions imposed by the International Traffic in Arms Regulations (ITAR), and published at least two job advertisements with language restricting applicants to U.S. citizens only. 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.
Settlement Press Release Settlement Agreement
University of California, San Diego (Unfair Documentary Practices) May 2018
On May 10, 2018, IER reached a settlement agreement with the University of California, San Diego (“UCSD”) resolving allegations of unfair documentary practices. IER’s investigation found reasonable cause to believe that a component of the school unnecessarily been requiring certain workers to re-establish their work authorization based on the citizenship status of those individuals at initial hire. 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.
Settlement Press Release Settlement Agreement
Themesoft, Inc. (Citizenship Status and Unfair Documentary Practices) April 2018
On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the company’s hiring practices. The Division’s investigation concluded that Themesoft, Inc. refused to consider an asylee for employment because of his citizenship status. The Division’s investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status. 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.
Settlement Press Release Settlement Agreement
West Liberty Foods, L.L.C. (Unfair Documentary Practices) March 2018
On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. resolving a reasonable cause finding that the company’s employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act. IER’s investigation revealed that West Liberty Foods had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not U.S. citizens, produce specific documents to establish their work authorization. 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. § 1324b, and comply with departmental monitoring requirements for two years.
Settlement Press Release Settlement Agreement
Ichiba Ramen (National Origin) February 2018
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 Division’s investigation determined that Ichiba, a ramen restaurant in New York City, denied a qualified applicant employment in the summer of 2017 because it preferred to hire wait staff of Japanese or Korean national origin. Ichiba paid the applicant $1,760 in back wages during the investigation. The settlement agreement requires Ichiba to pay $2,000 in civil penalties, to undergo Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act, revise its policy, and be subject to Division reporting requirements. The injunctive relief applies to any new location of the restaurant that opens in the year following the settlement.
Settlement Press Release Settlement Agreement
Omnicare Health (Citizenship Status) January 2018
On January 23, 2018, the Division signed a settlement agreement with Omnicare Health, resolving a reasonable cause determination that at least one Omnicare contract recruiter engaged in citizenship status discrimination against an asylee in violation of 8 U.S.C. § 1324b(a)(1). The Division’s charge-based investigation determined that, contrary to Omnicare’s own policies, the Omnicare contractor failed to refer the asylee’s application for employment to a an Omnicare hiring manager for consideration because the applicant was not a U.S. citizen or permanent lawful resident. 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.
Settlement Press Release Settlement Agreement
Crop Production Services, Inc. (Citizenship Status) December 2017
On December 18, 2017, the Division signed a settlement with Crop Production Services, Inc. resolving the Division’s suit alleging that the company discriminated against at least three United States citizens by declining to employ them as seasonal technicians in the company’s El Campo, Texas location based on a preference for temporary foreign workers under the H-2A visa program. Under the settlement agreement, Crop Production Services paid a civil penalty of $10,500, agreed that staff involved in the hiring process for the El Campo location would participate in Division-provided training on the antidiscrimination provision of the Immigration and Naturalization Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for up to two years. The reporting requirements require, among other things, providing information pertaining to the company’s efforts to recruit domestic applicants for positions if it seeks foreign laborers through the H-2A program. Crop Production Services also paid back pay totaling $ 18,738.75 in a separate agreement with the three citizens denied employment.
Settlement Press Release Settlement Agreement
Freeze Pack (Unfair Documentary Practices) November 2017
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. The Division’s investigation revealed that Washington Potato Company had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 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. 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. In May 2017 IER settled a lawsuit with Washington Potato Company and Pasco Processing, LLC, for engaging in a pattern or practice of violating 8 U.S.C. § 1324b(a)(6) at the Pasco Processing facility.
Settlement Press Release Settlement Agreement
Ark Rustic Inn LLC d/b/a Rustic Inn Crabhouse (Unfair Documentary Practices) October 2017
On October 13, 2017, the Division signed a settlement agreement with a restaurant resolving a charge-based investigation into the company’s employment eligibility verification practices. The Division’s investigation revealed that the restaurant had a pattern or practice of requesting immigration documents from non-citizens to confirm citizenship status information the workers provided in Section 1 of the Form I-9, while not making similar requests to U.S. citizens. Under the terms of the settlement, the restaurant will, among other things, pay a $4,000 civil penalty, train relevant management personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring for three years.
Settlement Press Release Settlement Agreement
InMotion Software, LLC (Retaliation) October 2017
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. § 1324b. The Division’s investigation determined that after a worker complained that InMotion’s request for a Permanent Resident Card was discriminatory under the INA, the company removed worker from its pool of candidates available for job placement. Under the settlement agreement, the company will pay the maximum civil penalty for an instance of retaliation, post notices informing workers about their rights under the INA’s anti-discrimination provision, train its staff, and be subject to departmental monitoring and reporting requirements for one year.
Settlement Press Release Settlement Agreement
CitiStaff Solutions, Inc. and CitiStaff Management Group, Inc. (Unfair Documentary Practices) October 2017
On October 6, 2017, the Division signed a settlement agreement with CitiStaff Solutions, Inc., a Los Angeles-area staffing agency, and a related entity CitiStaff Management Group, Inc., (together, “CitiStaff”) resolving an investigation into the company’s employment eligibility verification (Form I-9 and E-Verify) practices. The Division’s investigation concluded that that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens. The department’s investigation also found that CitiStaff unnecessarily required lawful permanent resident workers to prove their work authorization again when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired. The agreement requires CitiStaff to pay a civil penalty of $200,000 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.
Settlement Press Release Settlement Agreement
Crop Production Services, Inc. (Citizenship Status) September 2017
On September 28, 2017, the Division filed a complaint against Crop Production Services, Inc. with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that the company discriminated against at least three United States workers by refusing to employ them as seasonal technicians in El Campo, Texas, because Crop Production preferred to hire temporary foreign workers under the H-2A visa program. The complaint alleges that Crop Production imposed more burdensome requirements on U.S. workers than it did on H-2A visa workers to discourage U.S. workers from working at the facility.
Complaint Press Release Complaint
Technical Marine Maintenance Texas (Unfair Documentary Practices) July 2017
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. § 1324b(a)(6). The Division’s underlying investigation found that the companies limited the documentation workers could provide to establish their work authorization based on the workers’ citizenship status. Specifically, Technical Marine Maintenance Texas asked U.S. citizens to produce “IDs” and Social Security cards, while requesting immigration documents from non-U.S. citizens. The Complaint alleges that a related entity, Gulf Coast Workforce, LLC, is also responsible for these practices.
Complaint Press Release Complaint
Sellari's Enterprises, Inc. (Unfair Documentary Practices) June 2017
On June 30, 2017, the Division signed a settlement agreement with Sellari’s Enterprises, Inc., an Orlando, FL staffing agency, resolving an investigation into the company’s Form I-9 employment eligibility verification practices. The Division’s investigation 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 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.
Settlement Press Release Settlement Agreement
Panda Restaurant Group, Inc. (Unfair Documentary Practices) June 2017
On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. 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. Among other provisions, the settlement agreement requires Panda Express to pay $400,000 in civil penalties, undergo IER training on the anti-discrimination provision of the INA, and pay up to $200,000 in back pay to workers affected by the practice.
Settlement Press Release Settlement Agreement
Carrillo Farm Labor, LLC (Citizenship Status) May 2017
On May 23, 2017, IER reached a settlement agreement with Carrillo Farm Labor, LLC (“Carrillo Farm”). 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. The settlement agreement requires Carrillo Farm to pay $5,000 in civil penalties, undergo department-provided training on the anti-discrimination provision of the INA, and comply with departmental monitoring and reporting requirements. 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.
Settlement Press Release Settlement Agreement
Washington Potato Company and Pasco Processing, LLC (Unfair Documentary Practices) May 2017
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 Division’s 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)(6) by requesting newly-hired lawful permanent residents (LPRs), but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. 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.
Settlement Press Release Settlement Agreement
Provisional Staffing Solutions (Unfair Documentary Practices) May 2017
On May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the company’s Form I-9 employment eligibility verification practices. The Division’s 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 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.
Settlement Press Release Settlement Agreement
Brickell Financial Services Motor Club, Inc. d/b/a Road America Motor Club, Inc. (Unfair Documentary Practices) April 2017
On April 6, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the Respondent’s employment eligibility practices. The Division’s 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. The investigation further revealed that Respondent required existing lawful permanent employees to reestablish their continued work authorization upon the expiration of their List A document by showing a new unexpired List A document. Under the terms of the settlement agreement, Respondent will pay $34,200 in civil penalties to the United States, pay $1,044 to compensate a worker who lost wages due to its unfair documentary practices, train relevant human resources officials in avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.
Settlement Press Release Settlement Agreement
Pizzerias, LLC (Unfair Documentary Practices) March 2017
On March 21, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the company’s employment eligibility verification practices. The Division’s 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 terms of the settlement, Respondent will pay $140,000 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.
Settlement Press Release Settlement Agreement
Paragon Building Maintenance, Inc. and Pegasus Building Services Company, Inc. (Unfair Documentary Practices) March 2017
On March 13, 2017, the Division signed a settlement agreement with the Respondents resolving an investigation into the companies’ employment eligibility verification practices. The Division’s investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondents 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 investigation also established that Respondents improperly reverified permanent resident cards upon their expiration, but did not reverify documents U.S. citizens provided. 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.
Settlement Press Release Settlement Agreement
Levy Restaurants (Unfair Documentary Practices) February 2017
The Division’s investigation, based on a charge filed by a lawful permanent resident, established that Levy’s 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. Once it learned of the conduct of its Barclay Arena restaurant through the Division’s investigation, Levy unilaterally reinstated the Charging Party, and paid him for lost wages and leave benefits. On February 2, 2017, the Division signed a settlement agreement, previously signed by Levy, requiring Levy to pay $2,500 in civil penalties to the United States, train its relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting requirements for two years.
Settlement Press Release Settlement Agreement
J.E.T. Holding Co., Inc. (Citizenship Status) January 2017
On January 17, 2017, OSC signed a settlement with J.E.T. Holding Co. Inc., resolving an investigation of a pattern or practice of hiring discrimination based on citizenship status. The investigation revealed evidence that the company failed to consider qualified U.S. citizen applicants, and other protected individuals, for several dishwasher positions at a restaurant and bowling center, based on its preference for hiring workers through the CW-1 visa program available only in Commonwealth of Northern Mariana Island. The agreement provides for training, policy changes, a $12,000 civil penalty, and a $40,000 back pay fund to compensate claimants who lost wages due to the discrimination.
Settlement Press Release Settlement Agreement
1st Class Staffing, LLC (Unfair Documentary Practices) December 2016
On December 13, 2016, the Division signed a settlement agreement resolving its investigation of 1st Class Staffing. The Division’s investigation, based on a charge filed by a lawful permanent resident, established that a California branch office of 1st Class Staffing, LLC, requested that non-citizens, but not citizens, provide more, different or specific documents to establish their work authority. 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.
Settlement Press Release Settlement Agreement
Aldine Independent School District (Citizenship Status) November 2016
On November 22, 2016, the Division signed a settlement agreement resolving its investigation of Aldine Independent School District. The Division’s investigation established that the Aldine Independent School District (Aldine) engaged in a pattern or practice of discriminatory documentary practices based on citizenship status in violation of 8 U.S.C. § 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. Under the terms of the agreement, Aldine is required to, among other things, pay $140,000 in civil penalties to the United States, modify its policies and practices to conform to applicable anti-discrimination requirements, and develop and conduct a multi-year school-based educational program to train students, students’ parents, and employees on the rights and responsibilities of employers and employees under the anti-discrimination provision of the Immigration and Nationality Act.
Settlement Press Release Settlement Agreement
Denver Sheriff’s Department (Citizenship Status) November 2016
On November 21, 2016, the Division signed a settlement agreement resolving its investigation of Denver Sheriff Department. The Division’s investigation, based on an advertisement on Respondent’s website, established that the Denver Sheriff Department engaged in a pattern or practice of citizenship discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B) by requiring applicants for deputy sheriff positions to be citizens in the absence of a law, regulation, or government contract requiring citizenship. Under the provisions of the agreement, the Denver Sheriff Department will among other things, pay $10,000 in civil penalties, eliminate any citizenship requirements in current and future postings for the deputy sheriff position, and ensure that its staff members are properly trained.
Settlement Press Release Settlement Agreement
Washington Potato Company (Unfair Documentary Practices) November 2016
On November 14, 2016, the Division filed a complaint against Washington Potato Company and Pasco Processing with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that Pasco Processing, while under the direction and control of one of its parent companies, Washington Potato, engaged in a pattern or practice of discriminatory documentary practices in violation of 8 U.S.C. § 1324b(a)(6) based on citizenship status. The Division’s underlying investigation, initiated after a referral from the E-Verify Monitoring and Compliance Unit of the Department of Homeland Security, found that Pasco human resources officials routinely requested non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility verification process.
Complaint Press Release Complaint
American Cleaning Company (Unfair Documentary Practices) October 2016
On October 17, 2016, the Division signed a settlement agreement resolving its investigation of American Cleaning Company (ACC). The investigation, based on a referral from the Department of Homeland Security’s E-Verify program, established that ACC engaged in a pattern or practice of discrimination in violation of 8 U.S.C. § 1324b(a)(6) by requiring non-citizens, but not U.S. citizens, to present specific types of documents as part of its employment eligibility verification process. 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.
Settlement Press Release Settlement Agreement
Atwork Cumberland Staffing (Citizenship Status) September 2016
On September 7, 2016, the Division issued a press release announcing it reached a settlement agreement with Cumberland Staffing Inc. d/b/a Atwork Cumberland Staffing (ACS), resolving claims that it discriminated against work-authorized immigrants and naturalized U.S. citizens in violation of the anti-discrimination provision of the Immigration and National Act. The Division’s investigation found that between December 2015 and February 2016, ACS’s Cookeville office created and published a job posting stating that applicants for machine operator positions at a client company must present a U.S. birth certificate, even though there was no legal authorization for such requirement. Under the agreement, ACS will, among other terms, engage in corrective measures including training and ensuring review of its future job postings, and pay a civil penalty.
Settlement Press Release Settlement Agreement
Eastridge Workforce Solutions (Unfair Documentary Practices) August 2016
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. § 1324b(a)(6). The Division’s 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. 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.
Settlement Press Release Settlement Agreement
Hartz Mountain Industries (Citizenship Status) August 2016
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. Under the settlement agreement, Hartz is required to comply with several injunctive terms to prevent future discrimination, such as specialized training. Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring.
Settlement Press Release Settlement Agreement
Crookham Company (Unfair Documentary Practices) June 2016
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. Under the settlement agreement, Crookham Company is required to comply with several injunctive terms to prevent future discrimination, such as specialized training, which Crookham Company has proactively taken and completed prior to the execution of the agreement. Crookham Company is also required to pay a civil penalty of $200,000, and be subject to department monitoring.
Settlement Press Release Settlement Agreement
Powerstaffing, Inc. (Unfair Documentary Practices) June 2016
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. § 1324b(a)(6). The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigation found that from June 20, 2014, until at least December 15, 2015, Powerstaffing had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. Under the terms of the settlement agreement, Powerstaffing is required to pay $153,000 in civil penalties, be subject to department monitoring and to review of its hiring policies.
Settlement Press Release Settlement Agreement
Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016
On June 22, 2016, the Division issued a press release announcing it reached a settlement agreement with Macy’s, resolving violations of 8 U.S.C. § 1324b(a)(6). The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) initiated its investigation based on a charge that a charging party lawful submitted after her hiring was delayed at a store in Glendale, California. 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. The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. Under the terms of the settlement agreement, Macy’s will, among other provisions, pay a civil penalty of $8,700, be subject to OSC monitoring, and will give additional training for its Glendale human resources personnel.
Settlement Press Release Settlement Agreement
Podiatry Residency Programs (Citizenship Status) June 2016
On June 20, 2016, the Division issued a press release announcing it reached agreements with 121 podiatry residency programs (Category 1, Category 2, Genesys Regional Medical Center and Northwest Medical Center) and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens by creating and publishing discriminatory postings for podiatry residents through AACPM’s online podiatry residency application and matching service. The postings advertised residency positions as limited to U.S. citizens, with no legal justification for the requirement. Under the settlement agreements, the residency programs and AACPM are required to comply with several injunctive terms to prevent future discrimination, such as training and ensuring future job postings do not contain discriminatory language. 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.
Settlement Press Release Category 1 Category 2 Genesys Regional Medical Center Northwest Medical Center American Association of Colleges of Podiatric Medicine (AACPM)
Montgomery County Public Schools (Unfair Documentary Practices) June 2016
On June 15, 2016, the Division signed a settlement agreement with Montgomery County Public Schools (MCPS) resolving allegations of unfair documentary practices against two work-authorized individuals based on citizenship status in violation of 8 U.S.C. § 1324b. 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. Additionally, designated company personnel will be required to undergo training by the Office of Special Counsel to learn about employers’ responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA).
Villa Rancho Bernardo Care Center (Unfair Documentary Practices) May 2016
On May 31, 2016, the Division issued a press release announcing it reached a settlement agreement with Villa Rancho Bernardo Care Center (“VRB”), resolving claims that it treated lawful permanent residents differently from other workers in the employment eligibility verification process by requiring them to produce a permanent resident card (often known as a “green card”). 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.
Settlement Press Release Settlement Agreement
NetJets Services, Inc. (Citizenship Status) May 2016
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. The settlement agreement requires NetJets to pay $41,480 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 two years.
Settlement Press Release Settlement Agreement
Barrios Street Realty LLC (Citizenship Status) March 2016
On March 21, 2016, the Division signed a settlement agreement with Barrios Street Realty and its agent, Jorge Arturo Guerrero Rodriguez, resolving claims that Barrios Realty and Guerrero Rodriguez discriminated against qualified U.S. workers by preferring to hire foreign workers under the H-2B visa program. Under the settlement, Barrios Street Realty agrees to a voluntary three-year debarment prohibiting it from seeking non-immigrant employment visas through programs administered by the Department of Labor’s Employment and Training Administration, representing the first time the Division has obtained a voluntary debarment of this type through its enforcement of the anti-discrimination provision of the Immigration and Nationality Act. 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.
Settlement Press Release Settlement Agreement
Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016
On January 19, 2016, the Division signed a settlement agreement with Freedom Home Care and the Charging Party resolving an allegation of unfair documentary practices. The charge alleged that the company, prior to hire, rejected documents establishing the Charging Party’s employment eligibility that it routinely accepted from U.S. citizens. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. Designated company human resources and managerial personnel will be required to undergo training by the Office of Special Counsel to learn about employers’ responsibilities under the anti-discrimination provision of the INA.
Rio Grande Pak Foods, Ltd. (Unfair Documentary Practices) January 2016
On January 15, 2016, the Division signed a settlement agreement with Rio Grande Pak Foods, Ltd, a poultry processor, resolving two charges alleging that the company committed unfair documentary practices. 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 company’s request. The investigation revealed that the company had a pattern or practice of requesting more or different documents from lawful permanent residents when their Permanent Resident Cards expired. During the investigation, the company voluntarily reinstated the Charging Parties and paid them $7,200 in back pay. Under the settlement agreement, Rio Grande will also pay $1,800 in civil penalties, and designated human resources and managerial personnel must undergo training by the Office of Special Counsel.
Sunny Grove Landscaping & Nursery, Inc. (Unfair Documentary Practices) November 2015
On November 23, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Sunny Grove Landscaping & Nursery, Inc. (Sunny Grove) resolving allegations that the Florida-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. 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.
Settlement Press Release Settlement Agreement
McDonald’s USA, LLC (Unfair Documentary Practices) November 2015
On November 19, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) reached a settlement with McDonald’s USA, LLC and its corporate affiliates and subsidiaries (“McDonald’s”) resolving allegations that McDonald’s discriminated against immigrant employees of McDonald’s-owned restaurants. The investigation and settlement only address actions by McDonald’s corporate-owned restaurants, not its franchises.
Settlement Press Release Settlement Agreement
The School Board of Miami-Dade County, Florida (Unfair Documentary Practices) October 2015
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. The Division’s investigation found that MDCPS required non-U.S. citizens to produce more documents than necessary for the purpose of verifying their employment eligibility, but did not make those requests of U.S. citizens. This difference in treatment violates 8 U.S.C. § 1324b(a)(6). Under the agreement, MDCPS will: pay $90,000 in civil penalties to the United States; establish a $125,000 back pay fund to compensate workers who may have lost pay because of the company’s documentary practices; and submit to training and compliance monitoring for three years.
Settlement Press Release Settlement Agreement
Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015
On October 20, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, and Nevada Star Cab Corporation – three Las Vegas, Nevada, taxicab companies that collectively operate under the umbrella company “Yellow Checker Star Transportation Company” (YCS). The agreement resolves allegations that YCS discriminated against work-authorized immigrants because of their citizenship status. OSC found that YCS required non-U.S. citizens, but not similarly situated U.S. citizens, to present additional and unnecessary documentation to establish their employment eligibility. Under the terms of the settlement agreement, YCS will pay a $445,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, revise company policies to avoid discrimination in the employment eligibility verification process, place six full page advertisements in an industry publication over the course of twelve months advising readers of their rights under 8 U.S.C. § 1324b and how to contact OSC, and be subject to departmental monitoring of its hiring and recruiting practices for a period of three years.
Settlement Press Release Settlement Agreement
North American Shipbuilding, LLC (Retaliation) October 2015
On October 15, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with North American Shipbuilding, resolving an OSC investigation. OSC’s investigation found that North American Shipbuilding barred an employee from company premises because the employee filed a charge with OSC, in violation of the anti-retaliation provision of 8 U.S.C. § 1324b. Under the terms of the settlement agreement, North American Shipbuilding will pay a $1,750 civil penalty to the United States; offer to pay the charging party $15,000 in back pay in exchange for a release of claims; submit to training by the Office of Special Counsel; and take other remedial measures.
Settlement Press Release Settlement Agreement
Postal Express, Inc. (Unfair Documentary Practices) October 2015
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. OSC found that the company’s request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. § 1324b(a)(6). 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. The company reinstated the suspended employee and paid him lost wages at the start of OSC’s investigation.
Settlement Press Release Settlement Agreement
Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015
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. Since signing the settlement agreement, Nebraska Beef has failed to pay a civil penalty of $200,000 and disavowed its obligations to comply with other requirements of the settlement agreement. The settlement agreement resolved the Division’s independent investigation of whether the company was engaging in discriminatory Unfair Documentary Practices on the basis of citizenship status.
Complaint Press Release Complaint
Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015
On August 31, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Louisiana Crane & Construction (LCC) resolving violations of 8 U.S.C. § 1324b(a)(6). The Division filed a complaint in 2014 alleging that LCC utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. 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.
Settlement Press Release Settlement Agreement
Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015
On August 24, 2015, the Justice Department issued a press release announcing it signed a settlement agreement with Nebraska Beef, resolving an independent investigation of whether the company had engaged in discriminatory documentary practices based on citizenship status during the employment eligibility verification process. The Division’s investigation found that Nebraska Beef required non-U.S. citizens, but not similarly-situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility, in violation of 8 U.S.C. § 1324b(a)(6). 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 company’s documentary practices and issue notice to workers about how they may claim back pay; and submit to training and compliance monitoring for two years.
Settlement Press Release Settlement Agreement
Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) August 2015
On September 11, 2012, OSC filed a complaint asserting that Estopy Farms, a Texas cotton farm, committed citizenship status discrimination when it preferred a visaholder over a U.S. citizen. On June 10, 2015, OCAHO granted OSC’s motion for summary decision against Estopy Farms. OCAHO found that OSC had demonstrated that the U.S. citizen was qualified for the job, and that Estopy Farm’s shifting explanations for denying the U.S. citizen employment were a pretext for prohibited citizenship and immigration status discrimination. In an Order issued August 13, 2015, (11 OCAHO no. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies. On October 15, 2015, Respondent paid its Court-ordered civil penalty of $3,200. On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. The attorneys discussed the employer’s responsibilities and obligations under the anti-discrimination provision of the INA. Monitoring/reporting period expires July 9, 2018.
City of Eugene Police Department (Citizenship Status) August 2015
On August 5, 2015, the Division issued a press release announcing it reached a settlement agreement with the City of Eugene, Oregon, to resolve allegations that it required applicants for police officer positions be a U.S. citizen at the time of application. In addition, the City of Eugene's Human Resources Department utilized an online electronic application process for police officer positions that required applicants to be a U.S. citizen by the projected date of hire. Neither of these citizenship status requirements were required to comply with Oregon law and thus the investigation found that the City of Eugene violated the INA's anti-discrimination provision. 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.
Settlement Press Release Settlement Agreement
Abercrombie & Fitch, Inc. (Unfair Documentary Practices) June 2015
On June 25, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Abercrombie & Fitch Inc. 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. Under the terms of the settlement agreement, Abercrombie will pay $3,661.14 in back pay to the complainant and a civil penalty to the United States; establish a back pay fund of $153,932.00 to compensate other individuals who may have been harmed; and be subject to monitoring of its employment eligibility verification practices for two years.
Settlement Press Release Settlement Agreement
PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015
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. 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. Under the terms of the settlement agreement, the Respondents paid a combined $1,450 in civil penalties, provided back pay to both charging parties, and will undergo training.
Settlement Press Release PFSWeb Settlement Agreement Prestigious Placement Settlement Agreement
Accountemps (Citizenship Status) June 2015
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'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. Under the settlement, Accountemps will continue to refer the charging party for positions for which she is qualified, pay a $2,500 civil penalty, train its staff on the anti-discrimination provision of the INA, and be subject to a one-year monitoring period.
Settlement Press Release Settlement Agreement
Luis Esparza Services, Inc. (Citizenship Status) May 2015
On May 27, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Luis Esparza Services, Inc. The Division's investigation, which was based on a referral from the Department of Homeland Security (DHS), established that the employer engaged in a pattern or practice of requiring non-citizens to produce DHS-issued List A documents in addition to non-DHS issued List B and C documents to establish identity and work authority in violation of the anti-discrimination provision of the INA. Under the terms of the settlement agreement, the Respondent will pay $320,000 in civil penalties, provide back pay to an economic victim, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period.
Settlement Press Release Settlement Agreement
The Data Entry Company (Citizenship Status) May 2015
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. 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.
Settlement Press Release Settlement Agreement
Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015
On March 9, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Hilton Worldwide, Inc. (Hilton), resolving allegations that Hilton discriminated against an asylee by rejecting his valid work authorization documentation and requiring him to provide a DHS-issued document to prove he was work-authorized. The investigation showed that U.S. citizens were permitted to provide documentation of their choice. Under the terms of the settlement agreement, Hilton will pay $550 in civil penalties to the United States, pay the Charging Party $12,600 in back pay, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring.
Settlement Press Release Settlement Agreement
Standard TyTape Company, Inc. (Unfair Documentary Practices) February 2015
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. OSC's investigation concluded that Standard TyTape Company engaged in a pattern or practice of Unfair Documentary Practices in violation of U.S.C. § 1324b(a)(6). 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.
U.S. Service Industries (Unfair Documentary Practices) January 2015
On January 15, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with U.S. Service Industries (USSI), resolving violations of 8 U.S.C. § 1324b(a)(6). The Division's investigation established that USSI utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. 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.
Settlement Press Release Settlement Agreement
Diversified Business Consulting (Citizenship Status) December 2014
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. Under the agreement, DB will pay $7,700 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.
Settlement Press Release Settlement Agreement
Life Generations Healthcare, LLC d/b/a Generations Healthcare (Unfair Documentary Practices) December 2014
On December 4, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Life Generations Healthcare LLC, doing business as Generations Healthcare (GHC), resolving all discretionary remedies. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. The Court found that GHC violated the Immigration and Nationality Act (INA) when it required foreign-born job applicants and employees to produce more, different, and specific documents to prove their employment eligibility verification, while native-born U.S. citizens were allowed to produce the documentation of their choice. The court also found that, in some cases, foreign-born individuals were prevented from working for the company even though they had sufficient proof of their work authorization. Under the terms of the settlement agreement, GHC will pay a total of $208,000, including $119,313 in back pay and other compensation to the Charging Party and Injured Party, and $88,687 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period.
Settlement Press Release Settlement Agreement
La Farine Bakery (Unfair Documentary Practices) November 2014
On November 25, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with La Farine Bakery (La Farine), resolving a violation of 8 U.S.C. § 1324b(a)(6). The Division's investigation established that La Farine required a non-U.S. citizen, but not similarly-situated U.S. citizens, to produce more documents than necessary for the purpose of re-verifying employment eligibility. 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.
Settlement Press Release Settlement Agreement
Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014
On October 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Serendipity Hearing, Inc., d/b/a Sonus Hearing Care ("Sonus"), resolving violations of 8 U.S.C. § 1324b(a)(6). The Division's investigation established that Sonus required a non-U.S. citizen, but not similarly-situated U.S. citizens, to produce specific documentary proof of her immigration status for the purpose of re-verifying her employment eligibility. Under the terms of the settlement agreement, Sonus will pay $16,727 in back pay to the Charging Party, and $400 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a period of one year.
Settlement Press Release Settlement Agreement
Constructor Services, Inc. (Unfair Documentary Practices) October 2014
On October 16, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Constructor Services Inc. resolving violations of 8 U.S.C.§ 1324b(a)(6). The Division's investigation established that Constructor Services utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Under the terms of the expected settlement agreement, Constructor Services will pay $18,000 in civil penalties to the United States and be subject to monitoring of its hiring practices by the Division for a period of two years.
Settlement Press Release Settlement Agreement
Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) September 2014
On September 26, 2014, the Justice Department reached a settlement agreement with Autobuses Ejecutivos, LLC, d/b/a Omnibus Express, a bus company located in Houston, Texas, to resolve a lawsuit filed by the department alleging the company violated the Immigration and Nationality Act's antidiscrimination provision. The lawsuit alleged the company preferred to hire H-2B temporary visa holders over U.S. workers for its bus driver positions. 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.
Settlement Press Release Settlement Agreement
United Continental Holdings, Inc./United Airlines, Inc. (Unfair Documentary Practices) September 2014
On September 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with United Continental Holdings, Inc. to resolve a claim that the divisions of the company previously operating as Continental Airlines committed unfair documentary practices in violation of the antidiscrimination provision of the INA. 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. 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.
Settlement Press Release Settlement Agreement
Motorcoach Class “A” Transportation, Inc. (Unfair Documentary Practices) September 2014
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). 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.
Culinaire International (Unfair Documentary Practices) September 2014
On September 2, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Culinaire International, a company based in Dallas, Texas. 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. 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.
Settlement Press Release Settlement Agreement
Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2014
On August 29, 2014, the Department of Justice issued a press release announcing that it filed a complaint against Louisiana Crane Company, LLC d/b/a Louisiana Crane and Construction, a company that provides crane, construction and other industrial services, due to allegations of Unfair Documentary Practices against non-U.S. citizens.
Complaint Press Release Complaint
Select Staffing (Unfair Documentary Practices) August 2014
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. The settlement resolves the department's claims that Select Staffing 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 verification process to establish their work authority. Under the agreement, Select Staffing will pay $230,000 in civil penalties to the United States, set aside a fund of $35,000 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 three years.
Settlement Press Release Settlement Agreement
Travel Management Company (Citizenship Status) August 2014
On August 7, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Travel Management Company, a private airplane charter company, resolving allegations that the company had a U.S. citizenship requirement for its commercial pilot positions and that the company eliminated non-citizens from consideration for employment on the basis of citizenship status. Under the terms of the agreement with Travel Management Company, the company will pay $22,000 in civil penalties to the United States. 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.
Settlement Press Release Settlement Agreement
Isabella Geriatric Center (Unfair Documentary Practices) August 2014
On August 5, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Isabella Geriatric Center (IGC), a nursing home in New York City, resolving an allegation that the company engaged in a pattern or practice of citizenship status discrimination during the employment eligibility reverification process in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). The claim alleged IGC requested more or different documents than required from lawful permanent residents but not U.S. citizens during the reverification process. Under the terms of the settlement agreement, IGC will pay $14,500 in civil penalties, establish a back pay fund to compensate potential economic victims, undergo training by OSC, and revise its reverification practices.
Settlement Press Release Settlement Agreement
Patriot Staffing & Services (Unfair Documentary Practices) July 2014
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. 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.
Commercial Cleaning Systems (Unfair Documentary Practices) June 2014
On June 12, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Commercial Cleaning Systems resolving allegations that the Denver, Colorado-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. 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.
Settlement Press Release Settlement Agreement
Master Klean Janitorial (Unfair Documentary Practices) May 2014
On May 7, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Master Klean Janitorial resolving allegations that the Denver, Colorado-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. 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.
Settlement Press Release Settlement Agreement
Mexico Foods, LLC (Unfair Documentary Practices) April 2014
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 department's investigation, which was initiated based on a referral from the U.S. 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. The investigation also uncovered evidence that El Rancho routinely requested a specific work authority document from lawful permanent residents during the initial employment eligibility verification process even though under the law employees are allowed to choose what documents to present. The department found that El Rancho's discriminatory practices were based on employees' citizenship status. Under the settlement agreement, El Rancho will identify and provide back pay to individuals who suffered lost wages between April to July 2013, as a result of the company's alleged discriminatory documentary practices; pay $43,000 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 eighteen months.
Settlement Press Release Settlement Agreement
SK Food Group, Inc. (Unfair Documentary Practices) April 2014
On April 21, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SK Food Group, Inc., a company headquartered in Seattle, Washington, resolving claims that the company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). The department's investigation, which was initiated based on a referral from the U.S. 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. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. The department's investigation confirmed that SK Food Group requested specific documents from work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens. Under the settlement agreement, SK Food Group will identify and provide back pay to individuals who suffered lost wages between July 2012 to the present, as a result of the company's alleged discriminatory documentary practices; pay $40,500 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 one year.
Settlement Press Release Settlement Agreement
Potter Concrete, Inc. (Unfair Documentary Practices) April 2014
On April 17, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Potter Concrete, Inc., resolving allegations that the Dallas, Texas-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. 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. Under the agreement, Potter Concrete will pay $115,100 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.
Settlement Press Release Settlement Agreement
City of Waterloo, IA (Citizenship Status) January 2014
On January 30, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with City of Waterloo, Iowa, resolving allegations that the city violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it imposed a U.S. citizenship requirement in its hiring process for entry-level firefighters. The investigation revealed that the City of Waterloo refused to consider the charging party's application on the basis of his status as a lawful permanent resident. 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.
Settlement Press Release Settlement Agreement
SD Staffing (Citizenship Status) January 2014
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 department's investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SD Staffing required work-authorized non-U.S. citizens to produce specific documents in connection with SD Staffing's use of the E-Verify program. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. 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. 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.
Settlement Press Release Settlement Agreement
Kim Hoang Coffee and Fast Food Restaurant (Unfair Documentary Practices) November 2013
On November 15, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kim Hoang Coffee and Fast Food Restaurant, to resolve allegations that the employer refused to accept new work authorization documents to re-verify an employee's employment eligibility. 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. Pursuant to the settlement agreement, the employer will pay $700 in back pay to the charging party, pay $485 in civil penalties to the U.S., and receive training on the anti-discrimination provision.
Settlement Press Release Settlement Agreement
Arapahoe County Sheriff’s Office (Citizenship Status) October 2013
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 Division's investigation established that the Office of the Sheriff improperly restricted law enforcement positions to U.S. citizens notwithstanding the fact that no law, regulation, executive order or government contract authorized it to restrict employment in this manner. 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 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. The Sheriff's Office also agreed to pay $500 in civil penalties to the United States. The Office of the Sheriff had already addressed an identified victim's back pay claims through an earlier agreement based on a private lawsuit. In addition, the Office of the Sheriff informed other affected non-U.S. citizen applicants that they could re-apply for available law enforcement positions. The Sheriff's Office fully cooperated with the investigation and agreed to revise its hiring policies and procedures to ensure compliance with the INA's anti-discrimination provision.
Settlement Press Release Settlement Agreement
IBM (Citizenship Status) September 2013
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 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 settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. IBM further agreed to revise its hiring and recruiting procedures and train its human resources personnel to ensure compliance with the INA, and to be subject to reporting requirements for a period of two years.
Settlement Press Release Settlement Agreement
Paramount Staffing (Unfair Documentary Practices) September 2013
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 Division's investigation concluded that Paramount Staffing's Hanover Park, Illinois location routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. 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).
Settlement Press Release Settlement Agreement
Huber Nurseries (Citizenship Status) September 2013
On September 26, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Huber Nurseries (Huber), based on allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary visa holders over six Nepalese lawful permanent residents. Huber unlawfully preferred to hire visa holders and subjected the lawful permanent residents to different selection standards and increased scrutiny. Huber has agreed to pay $2,250 in civil penalties to the United States and $59,617 in back pay to the six lawful permanent residents. Huber 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 one-year term of the agreement.
Settlement Press Release Settlement Agreement
Infinity Group (Unfair Documentary Practices) September 2013
On September 25, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Infinity Group (IG), resolving allegations of Unfair Documentary Practices in the employment eligibility verification process. The Division initiated the investigation based on information obtained by E-Verify. Under the terms of the settlement agreement, IG Services will pay $53,880 in civil penalties, create a $35,000 back pay fund for victims who lost work due to IG's practices, receive training on the anti-discrimination provision of the INA, and be subjected to two years of monitoring.
Settlement Press Release Settlement Agreement
Kelly Services, Inc. (Citizenship Status) September 2013
On September 9, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kelly Services, Inc., resolving an allegation of citizenship status discrimination in the employment eligibility re-verification process. The Division initiated the investigation after a former employee contacted the office and stated Kelly Services requested him to produce a new U.S. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. Under the terms of the settlement agreement, Kelly Services will pay $1,888.60 in back pay to the injured party, $1,100 in civil penalties, and receive training on the anti-discrimination provision of the INA.
Settlement Press Release Settlement Agreement
SOS Employment Group (Unfair Documentary Practices) August 2013
On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with SOS Employment Group. The agreement resolved allegations that the company rejected a work-authorized asylee, at both initial hire and when subsequently re-verifying the refugee's employment authorization, rejected the employee's valid driver's license and unrestricted Social Security card and required him to produce an Employment Authorization Document (EAD). 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.
Settlement Press Release Settlement Agreement
Forever 21 (Unfair Documentary Practices) August 2013
On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Forever 21. The agreement resolved allegations that the company rejected a work-authorized individual's Employment Authorization Document (EAD), and required her to produce a Permanent Resident Card (commonly known as a "Green Card") as a condition of employment. The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. Pursuant to the settlement agreement, Forever 21 will pay $1,705.50 in back pay to the charging party, pay $280 in civil penalties to the U.S., and receive training on the anti-discrimination provision.
Settlement Press Release Settlement Agreement
Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) August 2013
On August 5, 2013, the Department of Justice issued a press release announcing that it filed a complaint with the Executive Office of Immigration Review's Office of the Chief Administrative Hearing Officer against Autobuses Ejecutivos LLC d/b/a Omnibus Express, alleging that it engaged in employment discrimination in the hiring process based on citizenship status.
Complaint Press Release Complaint
Stellar Staffing, Inc. (Citizenship Status) July 2013
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. 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.
Settlement Press Release Settlement Agreement
Vincent Porcaro, Inc. (Unfair Documentary Practices) July 2013
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. The settlement agreement provided for various remedies, including $43,092 in civil penalties, $30,000 in back pay for any injured parties, training, and monitoring.
Settlement Press Release Settlement Agreement
Macy’s Retail (Unfair Documentary Practices) June 2013
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. The settlement agreement provided for various remedies, including $175,000 in civil penalties, $100,000 in back pay for any injured parties, training, and monitoring.
Settlement Press Release Settlement Agreement
ISS Facility Services Company (Unfair Documentary Practices) May 2013
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. 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.
Settlement Press Release Settlement Agreement
Milestone Management Company (Unfair Documentary Practices) April 2013
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. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and to take steps to determine whether employees had been negatively affected by the alleged practice. 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.
Settlement Press Release Settlement Agreement
Poulan Pecan (Unfair Documentary Practices) March 2013
On March 25, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Poulan Pecan to resolve allegations that the company committed Unfair Documentary Practices against non-U.S. citizens in violation of the anti-discrimination provision of the INA. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and also agreed to provide a handout to newly-hired workers explaining their employment rights under the INA. The company paid a $500 civil penalty and will be subject to monitoring by the Office of Special Counsel for one year.
Settlement Press Release Settlement Agreement
The Agency Staffing (Unfair Documentary Practices) February 2013
On February 28, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with The Agency Staffing, Inc. The agreement resolves an allegation that the company applied enhanced employment eligibility procedures to work-authorized non-U.S. citizens that were run through E-Verify. The company did not utilize these additional procedures when it ran U.S. Citizens through E-Verify. 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.
Settlement Press Release Settlement Agreement
FTD, Inc. (Retaliation) February 2013
On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. 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. § 1324b when the company prohibited him from working following a background check which revealed a purported error in his Social Security number. Pursuant to the settlement agreement, FTD will pay $1,800 in back pay to the charging party, $3,000 in civil penalties, and receive training on the anti-discrimination provision of the INA.
Settlement Press Release Settlement Agreement
Avant Healthcare Professionals, LLC (Citizenship Status) February 2013
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. The settlement agreement provided for various remedies, including $27,750 in civil penalties, training, and monitoring.
Settlement Press Release Settlement Agreement
Houston Community College (Unfair Documentary Practices) January 2013
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 agreement provided for various remedies, including $83,600 in civil penalties, $20,000 in back pay for any injured parties, training, and monitoring.
Settlement Press Release Settlement Agreement
Centerplate, Inc. (Unfair Documentary Practices) January 2013
On January 7, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Centerplate, Inc., to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. The settlement agreement provided for various remedies, including back pay for any injured parties, training, monitoring, and a civil penalty of $250,000.
Settlement Press Release Settlement Agreement
R-Tronics, LLC (Citizenship Status) December 2012
On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with R-Tronics, LLC, a company based in Rome, New York, which manufactures custom and prototype electronic equipment. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. Although R-Tronics is a federal contractor subject to the International Traffic and Arms Regulations (ITAR), ITAR does not require or permit employers to limit job applicants to U.S. citizens. The agreement resolves allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by limiting its practices to U.S. citizens. The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract. Under the terms of the agreement, R-Tronics will terminate its unwarranted citizenship requirement for employment, modify its employment eligibility verification policies and procedures to reflect the INA's protections, train its human resources staff about the employer's responsibilities to avoid discrimination in the employment eligibility verification process, and be subject to reporting and compliance monitoring by the department for three years. The case settled prior to the Justice Department filing a complaint in this matter.
Settlement Press Release Settlement Agreement
Holliswood Hospital (Unfair Documentary Practices) December 2012
On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with Holliswood Hospital (Holliswood), a hospital in Queens, NY, resolving claims that the hospital 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 during the Form I-9 employment eligibility verification process. 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. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. The investigation also established that the Charging Party was denied employment as a direct result of the discriminatory documentary practices. 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. 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 Charging Party has full-time employment and did not seek reinstatement.
Settlement Press Release Settlement Agreement
ComForcare In-Home Care & Senior Services (Citizenship Status) December 2012
On December 3, 2012, the Department of Justice issued a press release announcing a settlement with ComForcare In-Home Care & Senior Services (ComForcare) a small home care provider based in Tigard, Oregon. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. The Charging Party did not seek reinstatement because she has full-time employment. 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. 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"). 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. Further, the investigation established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce a List A employment eligibility document to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation.
Settlement Press Release Settlement Agreement
Gamewell Mechanical, Inc. (Citizenship Status) November 2012
On November 30, 2012, the Department of Justice issued a press release announcing a settlement agreement with Gamewell Mechanical, Inc., a subsidiary of Woodfin Heating, Inc., based in Salisbury, NC, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it terminated three employees based on the incorrect assumption that they were undocumented foreign nationals when they were in fact U.S. citizens. 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. 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.
Settlement Press Release Settlement Agreement
Advantage Home Care (Unfair Documentary Practices) October 2012
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 settlement agreement, Advantage home Care will pay $1,633 in back pay to the charging party, and $46,575 in civil penalties to the United States. 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. Advantage Home Care 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 three years.
Settlement Press Release Settlement Agreement
Tuscany Hotel and Casino, LLC (Unfair Documentary Practices) October 2012
On October 10, 2012, the Department of Justice issued a press release announcing a settlement agreement with Tuscany Hotel and Casino resolving a lawsuit alleging the company discriminated against certain non-U.S. citizens during the employment eligibility verification and reverification processes by requesting those individuals to provide more or different documents or information than required under Form I-9 rules based on their citizenship status. 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. Tuscany will also receive OSC-sponsored training regarding the anti-discrimination provision of the INA, be subject to reporting and monitoring requirements, and will revise its employment eligibility verification procedures.
Settlement Press Release Settlement Agreement
Diversified Maintenance Systems, LLC (Retaliation) September 2012
On September 27, 2012, the Department of Justice issued a press release announcing a settlement agreement with Diversified Maintenance Systems, LLC, a janitorial service company, resolving allegations that the company retaliated against the charging party by failing to reinstate her after she solicited USCIS' assistance in resolving an erroneous E-Verify Final Non-Confirmation notice. Under the terms of the agreement, Diversified Maintenance Systems will pay $6,800 in back pay and $2,000 in civil penalties to the United States government. Additionally, Diversified Maintenance Systems will participate in OSC and USCIS-sponsored training regarding the anti-discrimination provision of the INA and proper E-Verify procedures.
Settlement Press Release Settlement Agreement
Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012
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.
Complaint Press Release Complaint
MicroLink Devices (Citizenship Status) August 2012
On August 22, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with MicroLink Devices, resolving allegations that it engaged in discrimination by placing several online job postings containing citizenship status preferences and requirements that were not permitted by statute, regulation, executive order or government contract. As part of the settlement agreement, MicroLink Devices will pay $12,000 in civil penalties.
Settlement Press Release Settlement Agreement
Best Packing Services Employment Agency, Inc. (Unfair Documentary Practices) August 2012
On August 14 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with Best Packing Services Employment Agency Inc. ("Best Packing"), resolving an allegation that the company committed discrimination when it delayed the start date of two refugees after impermissibly demanding that they provide specific Form I-9 documentation. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures.
Settlement Press Release Settlement Agreement
United Natural Foods, Inc. (Unfair Documentary Practices) July 2012
On July 20, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with United Natural Foods, Inc. (UNFI), an independent national distributor of natural, organic, specialty foods, resolving an allegation that the company committed discrimination when it impermissibly reverified the work authority of lawful permanent residents and required some non-citizen workers to provide specific Form I-9 documentation. 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.
Settlement Press Release Settlement Agreement
Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012
On June 19, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Rose Acre Farms, Inc., one of the largest egg producers in the country, alleging that it had engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process.
Complaint Press Release Complaint
Tuscany Hotel and Casino, LLC (Citizenship Status, Unfair Documentary Practices) May 2012
On May 31, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Tuscany Hotel and Casino, LLC, alleging that it engaged in a pattern or practice of discrimination in the employment eligibility verification and reverification process.
Complaint Press Release Complaint
Whiz International, LLC (Retaliation) May 2012
On May 30, 2012, the Department of Justice settled a lawsuit against Whiz International LLC (Whiz), an information technology staffing company, resolving allegations that the company 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. Under the terms of the settlement, Whiz agreed to pay $21,870 in back pay/front pay to the terminated worker, $1,000 in civil penalties to the United States Treasury, and three years of monitoring and reporting requirements. 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.
Settlement Press Release Settlement Agreement
Whiz International, LLC (Retaliation) May 2012
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.
Complaint Press Release Complaint
Imagine School, Inc. (Unfair Documentary Practices) May 2012
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. Under the terms of the agreement, Imagine Schools will pay $20,169 in back pay, and $600 in civil penalties to the United States government. Additionally, the Department will train Imagine Schools’ employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for eighteen months.
Settlement Press Release Settlement Agreement
Onward Healthcare, Inc. (Citizenship Status) March 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. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. 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.
Settlement Press Release Settlement Agreement
Ross Stores, Inc. (Unfair Documentary Practices) March 2012
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. Under the terms of the agreement, Ross Stores agrees to pay $6,384 in back pay to the individual who filed the charge of discrimination and $10,825 in civil penalties to the United States government. Additionally, the Department will monitor Ross Stores' compliance with the agreement for eighteen months and train the appropriate store officials on the anti-discrimination provision of the Immigration and Nationality Act.
Settlement Press Release Settlement Agreement
Indrescom Security Technology, Inc. (Unfair Documentary Practices) March 2012
On March 16, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Indrescom Security Technology Inc., resolving an allegation that the company discriminated against a work-authorized individual during the Employment Eligibility Verification Form I-9 process. The charging party alleged that Indrescom would not allow him to work until he presented a lawful permanent resident card, despite the fact that the employee had already produced documents establishing his identity and authority to work in the United States. Under the terms of the settlement agreement, Indrescom agrees to pay $7,000 in back pay to the charging party, train its human resources personnel about employers' responsibilities to avoid discrimination in the employment eligibility verification process, and to be subject to reporting and compliance monitoring requirements for three years.
Settlement Press Release Settlement Agreement
University of California San Diego Medical Center (Unfair Documentary Practices) January 2012
On January 4, 2012, the Department of Justice issued a press release announcing it reached settlement agreement with the University of California San Diego Medical Center, resolving a complaint filed on December 6, 2011, alleging that the medical center failed to comply with proper employment eligibility verification processes for non-citizens who are authorized to work in the United States. 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.
Settlement Press Release Settlement Agreement
Garland Sales, Inc. (Retaliation, Unfair Documentary Practices) December 2011
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. 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.
Settlement Press Release Settlement Agreement
BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011
On December 28, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with BAE Systems Ship Repair Inc. to resolve allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of Unfair Documentary Practices on work-authorized non-U.S. citizens. 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.
Settlement Press Release Settlement Agreement
Home Care Giver Services, Inc. (National Origin) December 2011
On December 16, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Home Care Giver Services, Inc., a provider of home services in southern Florida, alleging that it discriminated against one of its employees when it terminated her based on her national origin.
Complaint Press Release Complaint
Sernak Farms (Citizenship Status) December 2011
On December 13, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with S.W.J.J., Inc., or Sernak Farms ("Sernak"), based in, to settle allegations that Sernak engaged in citizenship status discrimination by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees. There were allegations that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers. Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. 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.
Settlement Press Release Settlement Agreement
University of California San Diego Medical Center (Unfair Documentary Practices) December 2011
On December 6, 2011, the Department of Justice issued a press release announcing that it filed a complaint against the University of California San Diego Medical Center, the largest hospital system in San Diego County, alleging that it engaged in a pattern or practice of discrimination in the Form I-9 employment eligibility verification and reverification processes by requesting non-citizen employees to provide specific documents as a condition of employment.
Complaint Press Release Complaint
Generations Healthcare (Unfair Documentary Practices) September 2011
On September 30, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Generations Healthcare, a healthcare provider with skilled nursing facilities throughout California, alleging that it engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on naturalized U.S. citizens and non-U.S. citizens in order to work in the U.S.
Complaint Press Release Complaint
Kinro Manufacturing, Inc. (Unfair Documentary Practices) August 2011
On August 10, 22, and 26, 2011, the Department of Justice issued press releases announcing it reached settlement agreements with Summit Steel Fabricators, Farmland Foods, Inc., and Kinro Manufacturing, Inc., to resolve allegations that the companies engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400.
Settlement Press Release Settlement Agreement
Farmland Foods, Inc. (Unfair Documentary Practices) August 2011
On August 10, 22, and 26, 2011, the Department of Justice issued press releases announcing it reached settlement agreements with Summit Steel Fabricators, Farmland Foods, Inc., and Kinro Manufacturing, Inc., to resolve allegations that the companies engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400.
Settlement Press Release Settlement Agreement
Summit Steel Fabricators (Unfair Documentary Practices) August 2011
On August 10, 22, and 26, 2011, the Department of Justice issued press releases announcing it reached settlement agreements with Summit Steel Fabricators, Farmland Foods, Inc., and Kinro Manufacturing, Inc., to resolve allegations that the companies engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400.
Settlement Press Release Settlement Agreement
Brand Energy and Industrial Services (Unfair Documentary Practices) July 2011
On July 21, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Brand Energy and Industrial Services resolving allegations that the company had a pattern or practice of Unfair Documentary Practices by requesting Department of Homeland Security documents from newly-hired non-U.S. citizens. Brand agreed to pay $43,560 in civil penalties and $7,200 in back pay to an identified victim.
Settlement Press Release Settlement Agreement
Mar-Jac Poultry, Inc. (Citizenship Status, Unfair Documentary Practices) July 2011
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.
Complaint Press Release Complaint
Farmland Foods, Inc. (Unfair Documentary Practices) June 2011
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. 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.
Complaint Press Release Complaint
Canvas Corporation (Citizenship Status) June 2011
On June 6, 2011, the Department of Justice issued a press release announcing a settlement agreement with Canvas Corporation, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting recruiting and hiring to U.S. citizens. As part of the settlement agreement, Canvas Corporation will pay $10,397 to an identified victim of its discriminatory policies, and $13,400 in civil penalties.
Settlement Press Release Settlement Agreement
American Academy of Pediatrics (Citizenship Status) May 2011
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. As part of the settlement agreement, AAP will pay $22,000 in civil penalties to the government.
Settlement Press Release Settlement Agreement
Iflowsoft, LLC (Citizenship Status) May 2011
On May 17, 2011, the Department of Justice issued a press release announcing a settlement agreement with Iflowsoft, LLC, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by posting job advertisements expressing a preference for temporary visa holders and by hiring an H1-B visa holder without considering a qualified U.S. citizen applicant. 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. In addition, the company will train its employees on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years.
Settlement Press Release Settlement Agreement
Maricopa County Community College District (Unfair Documentary Practices) May 2011
On May 16, 2011, the Department of Justice issued a press release announcing a settlement agreement with Maricopa County Community College District resolving allegations that it engaged in a pattern or practice of Unfair Documentary Practices against non-U.S. citizens in the hiring and employment eligibility verification process. As part of the settlement agreement, the district will pay $22,123 in back pay to two identified victims and $45,760 in civil penalties. In addition, the district will receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years.
Settlement Press Release Settlement Agreement Complaint Press Release Complaint
Restwend, LLC (Citizenship Status) April 2011
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. As part of the settlement agreement, the company will pay $14,500 in back pay to an identified victim, $3,200 in civil penalties, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA).
Settlement Press Release Settlement Agreement
LF Staffing Services, Inc. (National Origin, Unfair Documentary Practices) April 2011
On April 8, 2011, the Department of Justice issued a press release announcing a settlement agreement with LF Staffing Services Inc. resolving allegations that it improperly pre-screened job applicants and rejected valid work authorization documents from certain immigrants. As part of the settlement agreement, the company will pay $1,100 in civil penalties, full back pay to one identified victim, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA).
Settlement Press Release Settlement Agreement
Martin Farms (Citizenship Status) March 2011
On March 23, 2011, the Division reached an agreement with Martin Farms to resolve a charge of citizenship status discrimination. The charging party, a U.S. citizen, alleged that Martin Farms rejected her job application because it was seeking to hire H-2A workers. Under the settlement agreement, Martin Farms agreed to offer the charging party a job and to comply with several injunctive terms to prevent future discrimination, including specialized training regarding the INA’s anti-discrimination provision, which Martin Farms completed prior to executing the agreement. Martin Farms was also subject to department monitoring.
American Education and Travel Services (Citizenship Status) March 2011
On March 8, 2011, the Division and the New York Regional Office of the U.S. Equal Employment Opportunity Commission (EEOC) reached a global settlement agreement with American Education and Travel Services, Inc. (AETS) resolving claims that AETS violated both the INA’s anti-discrimination provision and Title VII of the Civil Rights Act of 1964 when it published a job advertisement limiting applicants to U.S. citizens and native English speakers. Among the terms of the settlement agreement, AETS agreed to pay $10,000 in back pay and compensatory damages, and to participate in training on both the anti-discrimination provision and Title VII.
Settlement Press Release Settlement Agreement
Tyson Foods (Citizenship Status, Unfair Documentary Practices) January 2011
On January 19, 2011, the Division signed an agreement with Tyson Foods and a Charging Party resolving allegations by the Charging Party that Tyson Foods engaged in citizenship status discrimination during the employment eligibility verification process in violation of 8 U.S.C. § 1324b(a)(6) by requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the I-9 form. Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. § 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.
Collins Management Corporation (Citizenship Status, Unfair Documentary Practices) December 2010
On December 29, 2010, the Department of Justice issued a press release announcing a settlement agreement with Collins Management Corporation resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). 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.
Settlement Press Release Settlement Agreement
Oakwood Health Promotions (Citizenship Status) December 2010
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. Oakwood agreed to compensate the individual for lost wages totaling $732, pay a $1,100 civil penalty and train its human resources employees regarding compliance with the anti-discrimination provision.
Hoover, Inc. (Citizenship Status, Unfair Documentary Practices) November 2010
On November 10, 2010, the Department of Justice issued a press release announcing a settlement agreement with Hoover, Inc., resolving allegations that it engaged in a pattern or practice of employment discrimination by requiring all permanent residents who presented a green card for I-9 purposes, to produce a new one when theirs expired. Hoover paid $10,200 in civil penalties and will train its HR personnel on their nondiscrimination responsibilities in the I-9 process.
Settlement Press Release Settlement Agreement
Catholic Healthcare West (Unfair Documentary Practices) October 2010
On October 19, 2010, the Department of Justice issued a press release announcing a settlement agreement with Catholic Healthcare West, a hospital-system with 41 facilities throughout California, Nevada, and Arizona. 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. As part of the settlement Catholic Healthcare West has agreed to pay $257,000 in civil penalties and $1,000 in back pay to the Charging Party. In addition, Catholic Healthcare West will (1) complete a comprehensive, internal audit of all of its facilities to uncover other instances of Unfair Documentary Practices, (2) train its recruitment personnel on their responsibilities not to discriminate, (3) promulgate and implement a policy prohibiting discrimination under the anti-discrimination provisions of the Immigration and Nationality Act, and (4) provide reports to the Department of Justice for three years.
Settlement Press Release Settlement Agreement
Macy’s (Citizenship Status, Unfair Documentary Practices) June 2010
On June 21, 2010, the Division signed an agreement with Macy’s and a Charging Party resolving claims of citizenship status discrimination during the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9. Under the settlement agreement, Macy’s agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. §1324b(a)(6), and to ensure that relevant human resources officials participated in OSC-provided or –approved training on the anti-discrimination provision of the INA.
Morton’s Steakhouse (Citizenship Status, Unfair Documentary Practices) June 2010
On June 21, 2010, the Division signed an agreement with Morton’s Restaurant and the Charging Party resolving claims of citizenship status discrimination in the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9. Under the terms of the settlement, Morton’s 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 Morton’s Portland employees on federal protections for workers against citizenship status and national origin discrimination.
Settlement Press Release Settlement Agreement
Aquatico Pool Management (Citizenship Status, Unfair Documentary Practices) June 2010
On June 8, 2010, the Division signed a settlement agreement with Aquatico Pool Management of Sugarland, Texas resolving a charge by a lawful permanent resident of discrimination during the Form I-9 process. The Division’s investigation established that Aquatico withdrew the Charging Party’s offer of employment when he presented a restricted Social Security card (with the notation “valid for work only with DHS authorization”) in addition to his Permanent Resident Card during the form I-9 process. As part of the settlement, Aquatico agreed to pay $1,599.20 in civil penalties and back pay. The company also agreed to train its 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 be post an equal opportunity statement on its website for a period of three years.
Settlement Press Release Settlement Agreement
John Jay College of Criminal Justice (Unfair Documentary Practices) May 2010
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. In addition to paying civil penalties in the amount of $23,260.00 and back pay to the Charging Party in the amount of $10,072.23, the John Jay College has agreed to train its 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 be post an equal opportunity statement on its website for a period of three years.
Settlement Press Release Settlement Agreement
Valley Crest Companies (Citizenship Status) May 2010
On May 14, 2010, the Division reached a settlement agreement with Valley Crest Landscape Companies and Charging Parties resolving allegations of hiring discrimination based on citizenship/immigration status based due to a claimed preference on the part of Valley Crest to hire non-immigrant foreign workers under the H-2B visa program rather than U.S. workers. Under the agreement, Valley Crest agreed, among other things, to modify its recruitment and hiring policy to eliminate any preference for foreign workers, and to pay $11,173 in back pay to a U.S. citizen who applied but was not hired for a job subsequently filled by a H-2B visa holder.
Settlement Press Release Settlement Agreement
Argosy University (EDMC) (Citizenship Status, Retaliation) May 2010
On, May 6, 2010, the Division reached a settlement agreement with Argosy University in Nashville, Tennessee, and its parent company, Education Management Corporation (EDMC) of Pittsburgh, to resolve allegations that Argosy refused to hire a lawful permanent resident because of his citizenship status and intimidated him for reporting the school’s refusal to hire. 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. 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 INA’s anti-discrimination provision.
Settlement Press Release Settlement Agreement
Beauty Smart (National Origin) February 2010
On February 4, the Division signed a settlement agreement with Sunlight Inc. d/b/a Beauty Smart in Raleigh, North Carolina, resolving a charge by a Charging Party of national origin discrimination during the Form I-9 process. 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.
Settlement Press Release Settlement Agreement
Hines Nurseries (Citizenship Status, National Origin) July 2009
On June 1, 2009, the Division reached a settlement agreement with Hine Nurseries, Inc., a California corporation, to resolve allegations of citizenship status discrimination in violation of INA’s anti-discrimination provision. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay.
The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008
On June 21, 2008, the Division reached a settlement agreement with iGate Mastech, Inc. and the Programmers Guild addressing Programmers Guild allegations of citizenship status discrimination in violation of the INA’s anti-discrimination provision. Among other things, the agreement required iGate to refrain from placing employment advertisements that specifically encouraged or otherwise suggested a preference for applications from non-immigrant foreign workers, and to pay $45,000 in civil penalties.
Gala Construction, Inc. (Unfair Documentary Practices) April 2006
On April 3, 2006, the Division reached a settlement agreement with Gala Construction, Inc. in Rocklin, California resolving a charge of document abuse during the employment eligibility verification process. In addition to paying a civil penalty in the amount of $110.00, back pay to the Charging Party in the amount of $5,053.03, and front pay to the Charging Party in the amount of $6,600.00, Gala Construction has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA and implement a policy prohibiting discrimination on the basis of citizenship status and national origin.
Kmart (Citizenship Status, Unfair Documentary Practices) March 2006
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 INA’s anti-discrimination provision. Among other things, the agreement required Kmart to pay the charging party $13,800 in back pay to the Charging Party, pay $14,000 in civil penalties to the United States, and ensure that relevant human resources personnel participate in training on the anti-discrimination provision of the INA.
Hispanic Association of Colleges and Universities (HACU) (Citizenship Status) January 2006
On January 31, 2006, the Division signed an agreement with Hispanic Associations of Colleges and Universities (HACU) addressing allegations that HACU’s intern recruitment practices were in violation of the INA’s anti-discrimination provision. Under the agreement, HACU agreed to modify its policies and practices to ensure that all individuals would be treated equally without regard to citizenship, immigration status, or national origin during HACU’s recruitment and hiring process, and to ensure that relevant human resources personnel participated in OSC-approved or provided training on the anti-discrimination provision of the INA.