AllianceIT (Citizenship Status) August 2020. 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, Washington Potato Company and Pasco Processing, LLC (Unfair Documentary Practices) May 2017. 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. 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. SMSC will also pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay. 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). $350,000 Disability Discrimination 2008 $115,000 Sexual Harassment $1,281,045 CEPA verdict and judgment (Stomel v. 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. Won't you join us? On July 31, 2019, IER executed a settlement agreement with Pete Pappas & Sons resolving IERs 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. The company did not utilize these additional procedures when it ran U.S. Citizens through E-Verify. Settlement Press ReleaseSettlement Agreement, Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015. On May 17, 2022, IER signed a settlement agreement with Amtex System, Inc. (Amtex) to resolve IERs 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. 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. IERs 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 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. 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. The Divisions 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. Complaint Press Release Complaint, Security USA, Inc. (Unfair Documentary Practices) November 2020. The four agreements add to the departments 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. Ex-Rochester police investigator claims retaliation, harassment Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2014. 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 workers citizenship status. Settlement Press Release Settlement Agreement, Challenger Sports Corporation (Citizenship Status) September 2021. 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, Motorcoach Class A Transportation, Inc. (Unfair Documentary Practices) September 2014. 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 companys human resources personnel on the requirements of the INAs antidiscrimination provision, and be subject to departmental reporting and monitoring requirements. 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)(B). On June 10, 2015, OCAHO granted OSCs motion for summary decision against Estopy Farms. Additionally, the Divisions 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. School Board of Palm Beach County (Unfair Documentary Practices) November 2020. MicroLink Devices (Citizenship Status) August 2012. Specifically, IERs 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. 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. 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. 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)(6) by routinely requiring work-authorized non-U.S. citizens (but not U.S. citizens) to present specific documents to prove their work authorization. During the investigation, the company voluntarily reinstated the Charging Parties and paid them $7,200 in back pay. 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. 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. The department found that El Rancho's discriminatory practices were based on employees' citizenship status. 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. The settlement also resolved IERs reasonable cause finding that Navajo had a policy of unlawfully reverifying lawful permanent residents in violation of 8 U.S.C. Huber unlawfully preferred to hire visa holders and subjected the lawful permanent residents to different selection standards and increased scrutiny. 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. 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. Settlement Press Release Settlement Agreement, ChemArt (Unfair Documentary Practices and Retaliation) June 2020. 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. 1324b(a)(6). Allied Universal Holdco, LLC (Unfair Documentary Practices) September 2019. On June 6, 2022, IER signed a settlement agreement with Temple Beth El to resolve IERs reasonable cause finding that it discriminated against a lawful permanent resident in violation of 8 U.S.C. 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. The settlement also requires Microsoft to be subject to departmental monitoring and reporting requirements. The Divisions 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. Mortons Steakhouse (Citizenship Status, Unfair Documentary Practices) June 2010. 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. American Association of Colleges of Podiatric Medicine (AACPM), Prestigious Placement Settlement Agreement. 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. 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. 1324b(a)(6). On October 31, 2022, IER signed a settlement agreement with the Giant Company LLC d/b/a Giant Food (Giant) to resolve IERs reasonable cause finding that Giant discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents at its Royersford, Pennsylvania store to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. Retaliation Case Settlements: What You Need To Know 1324b(a)(6). Under the terms of the settlement, Mortons agreed to provide back pay in the amounts of $2,880 and $5,715.62 to two employees, pay a $2,200 civil penalty to the U.S. Treasury, and train Mortons Portland employees on federal protections for workers against citizenship status and national origin discrimination. 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. The company also fired her son and fianc without justification, the EEOC said. 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. 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. Bite sized micro learning. Indeed, its the #1 claim individuals make at the U.S. 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. 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. WebDefining Retaliation. 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. 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. 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. IERs 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. 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. National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today. Equal Employment The average discrimination settlement amount differs from a wage claim amount. 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. Equal Employment Opportunity 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 Department concluded that the companys unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents, was based on a misinterpretation of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). WebWe are pleased to present to you the list of the top 50 civil rights violation settlements obtained in the United States in the year 2020. 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. 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. On December 13, 2016, the Division signed a settlement agreement resolving its investigation of 1st Class Staffing. An official website of the United States government. IERs 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 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. Crookham Company is also required to pay a civil penalty of $200,000, and be subject to department monitoring. 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. 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. Settlement Press Release Settlement Agreement, Spike, Inc. (Citizenship Status) March 2021. On January 18, 2023, IER signed a settlement agreement with Nederlander Marketing, Inc. d/b/a Broadway Direct (Broadway Direct) to resolve IERs reasonable cause finding that Broadway Direct engaged in citizenship status discrimination in violation of 8 U.S.C. Under the agreement, the Bakery agreed to pay $45,000 in civil penalties, participate in IER-provided training on the INAs anti-discrimination provision, and undergo departmental reporting and monitoring. 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. 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. 1324b. On August 24, 2022, IER signed a settlement agreement with A. Olivarez Harvesting, LLC (Olivarez Harvesting) to resolve IERs 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. We want to hear from you! Retaliation Case Settlements: What You Need To Know Printing firm to pay $242,799 to settle sex discrimination, harassment and retaliation suit. 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. 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. 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. 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. The case settled prior to the Justice Department filing a complaint in this matter. 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. 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. 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. 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. 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. Complaint Press Release Complaint, Sellari's Enterprises, Inc. (Unfair Documentary Practices) June 2017. 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. The company changed its hiring practices after notice of IERs investigation. 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. The settlement agreement requires that Mr. Ks pay back pay to the charging party for lost wages and a civil penalty to the United States. The Divisions investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondent had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. Onward Healthcare, Inc. (Citizenship Status) March 2012. Technology Hub, Inc. (Citizenship Status) July 2022. Overview If you believe your employer has retaliated against you because you submitted, assisted someone in submitting or participated in the investigation of a discrimination complaint, you may submit a discrimination complaint based on retaliation through the TWC Civil Rights Division. On June 23, 2016, the Division issued a press release announcing it reached a settlement agreement with Powerstaffing, Inc., resolving alleged violations of 8 U.S.C. IERs investigation revealed that Afni rejected a lawful permanent residents 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. 50 Civil Rights Violation Settlements in 1324b, and undergo departmental monitoring for 3 years. 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 INAs anti-discrimination provision and to be subject to departmental monitoring and reporting requirements. 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, DC Precision Machining, Inc. (Unfair Documentary Practices) September 2021. Themesoft, Inc. (Citizenship Status and Unfair Documentary Practices) April 2018. University of California San Diego Medical Center (Unfair Documentary Practices) December 2011. 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 INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. 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. ISS Facility Services Company (Unfair Documentary Practices) May 2013. The Division initiated the investigation after a former employee contacted the office and stated Kelly Services requested him to produce a new U.S. Settlement Press Release Settlement Agreement, Vincent Porcaro, Inc. (Unfair Documentary Practices) July 2013. OSC found that the companys request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. 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. 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. 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. 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. IERs 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. 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. Training managers and supervisors on their responsibilities to maintain a retaliation-free workplace is an important step in addressing this pervasive problem and strengthening your anti-discrimination and harassment program. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay. Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring. In 2017, almost 49% of all EEOC filings involved workplace retaliation. 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.
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