Under the settlement agreement, the company will pay a civil penalty of $220,000 to the United States. 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. 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. City of Waterloo, IA (Citizenship Status) January 2014. 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 PFSWeb Settlement Agreement Prestigious Placement Settlement Agreement, Accountemps (Citizenship Status) June 2015. We are not affiliated with the Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Opposition to a practice believed to be unlawful discrimination, Complaining to anyone about alleged discrimination against oneself or others, Threatening to file a charge of discrimination, Picketing in opposition to discrimination, Refusing to obey an order reasonably believed to be discriminatory, Actions that interfere with job performance so as to render the employee ineffective, Unlawful activities such as acts or threats of violence, Participation in an employment discrimination proceeding. 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 INAs anti-discrimination provision, and be subject to departmental monitoring. Postal Express, Inc. (Unfair Documentary Practices) October 2015. 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. 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). On October 17, 2016, the Division signed a settlement agreement resolving its investigation of American Cleaning Company (ACC). 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. 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 INAs anti-discrimination provision, which Martin Farms completed prior to executing the agreement. School Board of Palm Beach County (Unfair Documentary Practices) November 2020. 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. 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. As part of the agreement, the company agreed to pay a civil penalty and be subject to departmental training and monitoring requirements. 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. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. 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. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). 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. United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. 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. Participation means taking part in an employment discrimination proceeding. 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, participate in IER-provided training, and pay a civil penalty of $7,000.00. The attorneys discussed the employers responsibilities and obligations under the anti-discrimination provision of the INA. 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. 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. 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. International, Inc. (Unfair Documentary Practices) May 2021. 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. 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. 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. Arapahoe County Sheriffs Office (Citizenship Status) October 2013. 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. With these claims, it is more important than ever for every workplace to implement an, A printing and graphic arts company fired a female production manager after she complained about being the target of regular and continuous discrimination and, With workplace retaliation claims comprising almost half of all EEOC charges filed, organizations should reassess their efforts to reduce retaliation incidents and claims. The Divisions investigation made a reasonable cause finding that from January 1, 2018 to July 30, 2020, LNKs 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. The Divisions 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. 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. The settlement also requires LNK to train employees on the requirements of the INAs anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years. 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 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. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. The Departments 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. Settlement Press Release Settlement Agreement, Giant Food (Unfair Documentary Practices) October 2022. 1324b, over approximately two-years. R&L Carriers, Inc. and R&L Carriers, Shared Services, LLC (R&L Carriers), a nationwide trucking company headquartered in Wilmington, Ohio, will pay $1,250,000 to a class of female applicants and take steps to prevent future discrimination against female applicants to settle a federal lawsuit filed by the U.S. 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 companys Form I-9 and E-Verify practices at its South Plainfield, New Jersey, location. 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. Secure .gov websites use HTTPS 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. 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. Inc. d/b/a McDonalds (R.E.E.) resolving charge-based and independent investigations into the companys employment eligibility verification practices at McDonalds franchises in the Texas Rio Grande Valley. 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. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. 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. National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021. Creating engaging, customizable compliance training that unlocks the potential in every organization. IERs investigation found that between at least January 10, 2019, and April 6, 2020, Secureapp posted 12 facially discriminatory job advertisements that expressed a hiring preference for non-U.S. citizens seeking sponsorship or who already possessed an employment-based visa. On 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. It is illegal for employers to retaliate against employees for engaging in "protected activity" of filing unlawful discrimination/ sexual harassment/hostile work environment claim with the HR, a state agency or a federal watchdog organization. Destin Wings, LLC d/b/a Hooters of Destin (Unfair Documentary Practices) April 2023. 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. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. 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. Professional Maintenance Management (Unfair Documentary Practices) October 2022.
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