Additionally, SpringShine will train relevant staff and submit to monitoring. 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. 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. 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. 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. R.E.E., Inc. d/b/a McDonald's (Unfair Documentary Practices and Citizenship Status) August 2019. 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. Equal Employment Opportunity Commission (EEOC), the agency announced today. As part of the settlement agreement, MicroLink Devices will pay $12,000 in civil penalties. 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. Atwork Cumberland Staffing (Citizenship Status) September 2016. Brand agreed to pay $43,560 in civil penalties and $7,200 in back pay to an identified victim. 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. IERs investigation determined that SMSC discriminated against a worker by withdrawing a conditional offer of employment based on the workers citizenship status as a naturalized U.S. citizen. 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. 1324b(a)(6). April 8, 2020. Under the proposed settlement, Allied would pay a gross settlement amount of $ 2,520,000, including $ 740,000 in attorney's fees, $ 70,000 in costs, a $ 20,000 service award for Douglas, and $ 52,000 in employer-side taxes, with a net settlement amount of $ 1,638,000. MUY Brands, LLC (Unfair Documentary Practices) October 2019. The value of the top 10 private-plaintiff wage and hour class actions in 2019 totaled $449.05 million, nearly double the 2018 total of $253.5 million, according to a recent report from law firm . 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. 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. The Department also concluded that the Woodburn School District pre-screened the applicant when it asked for specific documentation to verify the applicants citizenship status and work authorization, but did not make similar requests of U.S. citizens, in violation of 1324b(a)(6). 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. IERs 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. 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. 2617 Family . 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. 1324b(a)(1), by refusing to hire him because of his status as a conditional Lawful Permanent Resident even though the Districts hiring committee rated him as the most qualified applicant. Ross Stores, Inc. (Unfair Documentary Practices) March 2012. On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. 1324b(a)(6). 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. The postings advertised residency positions as limited to U.S. citizens, with no legal justification for the requirement. 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. 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. Settlement Press Release Settlement Agreement, Secureapp Technologies, LLC (Citizenship Status) December 2022. 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. 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. 100+ Top Class Action Lawsuits No Proof Required [2023] Check our list of all the open top class action lawsuits. Santa Clara, CA: A preliminary $11 million settlement has been reached between AlliedBarton and a class of workers who filed an employment lawsuit against the security services company alleging. Patriot Staffing & Services (Unfair Documentary Practices) July 2014. 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, 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. June 9, 2021 - Security Info Watch . 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. Hartz Mountain Industries (Citizenship Status) August 2016. 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. John Jay College of Criminal Justice (Unfair Documentary Practices) May 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. Parties and lawyers to a class action can register on the Commonwealth Courts Portal (CCP) to access information about the case, . City of Waterloo, IA (Citizenship Status) January 2014. 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 workers rights under the law, have certain employees attend an IER training on the law, and pay a civil penalty. City of Eugene Police Department (Citizenship Status) August 2015. 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. Allied Universal and Universal Protection Service, LLC have been hit with a proposed class and collective lawsuit out of federal court in Pennsylvania alleging the defendants broke the Fair Labor Standards Act and several state laws. 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. Aldine Independent School District (Citizenship Status) November 2016. Specifically, IERs 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. On May 29, 2019, IER signed a settlement agreement with El Expreso Bus Company (El Expreso), resolving IERs 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 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. The Agency Staffing (Unfair Documentary Practices) February 2013. Settlement Press Release Settlement Agreement, Giant Food (Unfair Documentary Practices) October 2022. Settlements with 4 More Employers -- CarMax, Axis Analytics, Capital One Bank and Walmart -- That Used Georgia Institute of Technologys Job Recruitment Platforms (Citizenship Status) September 2022. at 65 B. Marcus and 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. 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 settlement agreement, ASTA is required to train its employees on the requirements of the INAs anti-discrimination provision and to be subject to departmental monitoring and reporting requirements for a two-year period. Settlement Press Release Settlement Agreement, Martin Farms (Citizenship Status) March 2011. Infinity Group (Unfair Documentary Practices) September 2013. Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020. Without proof of purchase $9.75 per household. The Data Entry Company (Citizenship Status) May 2015. terminated or failed to hire a worker who did not produce the requested List A documentation. 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. Many of the employers also posted unlawful and discriminatory advertisements on other college job recruitment platforms. 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. La Farine Bakery (Unfair Documentary Practices) November 2014. 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. Contact the Webmaster to submit comments. 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 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. 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. 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. Around the Clock Dispatch, Inc. (Retaliation) July 2021. The Divisions 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. The company immediately rehired the worker and gave him back pay in addition to compensatory damages when it learned of IERs investigation. Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. The department's investigation, which was initiated based on a referral from the U.S. NSD2168/2019 external link RAYMOND BOULOS v M.R.V.L. On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). Important Dates Initial Mailing: June 26, 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 companys unlawful request. The case was litigated heavily before the parties agreed to settle the claims for $37.5 million. 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. Avis Budget e-Toll Related Charge Class Action Lawsuit. 1324b(a)(6). The Divisions 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. 1324b(a)(1). 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 theircitizenship status in violation of 8 U.S.C. Crop Production Services, Inc. (Citizenship Status) December 2017. On November 22, 2016, the Division signed a settlement agreement resolving its investigation of Aldine Independent School District. 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. The Charging Party was in fact a U.S. citizen and Permanent Resident cards are not issued to U.S. citizens. 1324b(a)(6). Standard TyTape Company, Inc. (Unfair Documentary Practices) February 2015. Specifically, IERs 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. On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. 24 December 2019. A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. Chancery Staffing is the successor to TransPerfect Staffing Solutions LLC and continues to do business as both TransPerfect Staffing Solutions and TransPerfect Legal Solutions. 1324b(a)(1)(B). On February 19, 2019, IER signed a settlement agreement with Mr. Ks Used Books & CDs, Inc. (Mr. Ks) 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. 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 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. R-Tronics, LLC (Citizenship Status) December 2012. IERs investigations determined that Walmart rejected a Charging Partys valid state ID and unrestricted Social Security card and required her to produce a List A document because she was a lawful permanent resident. The Divisions 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. 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. IERs 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. 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 Divisions 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. The Divisions 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. 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. Settlement Press ReleaseSettlement Agreement, Tecon Services, Inc. (Unfair Documentary Practices) June 2021. 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 INAs anti-discrimination provision, and be subject to departmental reporting requirements over the term of the agreement. The settlement requires Technology Hubs employees and agents to undergo training, pay a $12,000 civil penalty, revise its policies and procedures, and undergo monitoring for three years to ensure compliance. The Divisions investigation, based on a charge filed by a lawful permanent resident, established that Levys 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. Of the employers also posted unlawful and discriminatory advertisements on other College job platforms... As part of the employers also posted unlawful and discriminatory advertisements on College!, an OSC attorney gave a webinar presentation to the eight injured parties, who are U.S. residing. 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