The Divisions investigation revealed that Washington Potato Company had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. 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. 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 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 HACUs 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. 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. Facebook (Citizenship Status) October 2021. Avis Budget e-Toll Related Charge Class Action Lawsuit. 1324b(a)(6). The new settlements resolve IERs 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. Attorneys. 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. 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. The lawsuit alleged the company preferred to hire H-2B temporary visa holders over U.S. workers for its bus driver positions. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. Monitoring/reporting period expires July 9, 2018. 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 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 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. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. 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 Companys employment eligibility verification practices nationwide. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay. Class Action Cases. Settlement Press Release Settlement Agreement, Martin Farms (Citizenship Status) March 2011. The Divisions 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. No proof of purchase is required. J.E.T. Transamerica Life Insurance Co. has agreed to settle a class-action lawsuit filed by policyholders who alleged it improperly increased monthly charges on their universal life insurance policies. Afni, Inc. (Unfair Documentary Practices) December 2018. 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. The Divisions underlying investigation found that the companies limited the documentation workers could provide to establish their work authorization based on the workers citizenship status. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. 1324b(a)(1) and (a)(6). Ichiba paid the applicant $1,760 in back wages during the investigation. 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. BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011. 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). 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. Settlement Press Release Settlement Agreement, Giant Food (Unfair Documentary Practices) October 2022. 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"). Honda Aircraft Company, LLC(Citizenship Status) February 2019. 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. 1324b(a)(1). 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. Settlement Press ReleaseSettlement Agreement, Igloo Products Corp. (Citizenship Status) November 2021. OnDecember 10, 2018, the Division signed a settlement agreement with Walmart Inc. resolving a charge-based and related independent investigation into Walmarts employment eligibility verification practices in Fort Worth, Texas. 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. For more information or questions about distribution, please contact Class/Plaintiffs' counsel (Scott Cole at scole@scalaw.com / (510) 891-9800) . 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. Apple has reached a tentative settlement in a class-action lawsuit filed in 2019 by a group of U.S. app developers who asserted that Apple engaged in anticompetitive practices in relation. (Suppl. 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 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. Home Care Giver Services, Inc. (National Origin) December 2011. 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. Bacchi v. Massachusetts Mutual Life Insurance Company, filed as a class action in which Plaintiff contends that MassMutual retained profits that it was required to distribute as dividends to its participating policyholders. The investigation also established that the Charging Party was denied employment as a direct result of the discriminatory documentary practices. 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. 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. 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). Perspective Talent, LLC (Citizenship Status) November 2019. On December 20, 2019, the Division signed a settlement agreement with Adecco USA Inc. (Adecco), resolving investigations into the companys employment eligibility verification policies and practices. 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 Acts 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. 1324b. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012. ISS Facility Services Company (Unfair Documentary Practices) May 2013. 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. Settlement Press Release Settlement Agreement, G4S Secure Solutions USA, Inc (Citizenship Status) March 2021. 1324b(a)(6). 1324b, and be subject to departmental monitoring. AllianceIT (Citizenship Status) August 2020. 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. 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. 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. 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. Chancery Staffing Solutions, LLC a/k/a TransPerfect Staffing Solutions, LLC(Citizenship Status) May 2019. 1324b(a)(1) and (a)(6). IERs charge-based and independent investigations found that Gap discriminated against certain workers by reverifying their permission to work, even though there was no legal reason to do so. 29 November 2019. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. 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. Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay. 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. 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. Law Resources will pay an additional $3,000 civil penalty for its retaliation and offer $11,875 in back pay to the Charging Party. Luis Esparza Services, Inc. (Citizenship Status) May 2015. 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. The Division initiated the investigation after a former employee contacted the office and stated Kelly Services requested him to produce a new U.S. The Division filed a complaint in 2014 alleging that LCC utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. 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 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. 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. 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 found reasonable cause to believe that a component of the school unnecessarily beenrequiring certain workers to re-establish their work authorization based on the citizenship status of those individuals at initial hire. 1. 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. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. OCAHO found that OSC had demonstrated that the U.S. citizen was qualified for the job, and that Estopy Farms shifting explanations for denying the U.S. citizen employment were a pretext for prohibited citizenship and immigration status discrimination. 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. Settlement Website: Allied Universal Security Services Collective Action Website Claims Administrator: Phoenix Class Action Administration Solutions Claims Administrator Contact Information: Phoenix Class Action Administration Solutions PO Box 7408 Orange, CA, 92863 (713) 621-2686 The lawsuit was filed in Ontario by lead Plaintiff Steven Scott and adds to a number of other lawsuits the company is facing for the same issue. 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). The Housing Authority also agreed to training and monitoring requirements for two years. Palmetto Beach Hospitality, LLC (H-2B) September 2018. AQUESTIVE THERAPEUTICS: Robbins Geller Announces Class Action ARCH INSURANCE: Bid for Class Status Must be Filed by Oct. 20 ATHENEX INC: Robbins Geller Reminds Investors of May 3 Deadline . The department found that El Rancho's discriminatory practices were based on employees' citizenship status. The settlements resolve IERs 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. 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. 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. 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 & Porters direction, imposed unauthorized citizenship status restrictions. Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. 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. Under the terms of the settlement agreement, Macys 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. Constructor Services, Inc. (Unfair Documentary Practices) October 2014. Settlement Press Release Settlement Agreement, Service Minds Inc d/b/a Mister Sparky (Citizenship Status and Retaliation) February 2021. California April 24 2022 Allied Universal Security Services and a slew of affiliates face a proposed class and collective action that claims they've failed to properly pay employees in the wake of a 2021 data breach that crippled the companies' timekeeping system. 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. CFA Institute (CFAI) (Citizenship Status) February 2019. The settlement also requires the company to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting. On June 21, 2010, the Division signed an agreement with Macys 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. NSD2168/2019 external link RAYMOND BOULOS v M.R.V.L. 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. 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. 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. The Divisions 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. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies. 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. Case No. 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 INAs anti-discrimination provision, and be subject to departmental reporting requirements. 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. 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. The Division initiated the investigation based on information obtained by E-Verify. To see the list, click the direct. Walmart Inc. (Unfair Documentary Practices) December 2018. 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 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. Hallaton, Inc. (Citizenship Status) March 2020. 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. 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. 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