On February 4, the Division signed a settlement agreement with Sunlight Inc. d/b/a Beauty Smart in Raleigh, North Carolina, resolving a charge by a Charging Party of national origin discrimination during the Form I-9 process. 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. Specifically, Technical Marine Maintenance Texas asked U.S. citizens to produce IDs and Social Security cards, while requesting immigration documents from non-U.S. citizens. The agreement requires CFAI to pay $321,000 in civil penalties to the United States, train its employees on the requirements of 8 U.S.C. National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021. Maricopa County Community College District (Unfair Documentary Practices) May 2011. Under the terms of the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job posting unless they are authorized by law. On June 15, 2021, IER signed a settlement with Tecon Services, Inc. resolving a reasonable cause finding that the company engaged in an unfair documentary practice based on national origin, in violation of 8 U.S.C. The company immediately rehired the worker and gave him back pay in addition to compensatory damages when it learned of IERs investigation. Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) August 2013. Specifically, IERs investigation found that from at least August 1, 2019, to June 17, 2021, Ameritech posted at least three job advertisements that announced its preference to fill positions with non-U.S. citizens with immigration statuses associated with certain employment-based visas. On May 17, 2021, the Division signed a settlement agreement with Aerojet Rocketdyne, Inc. (Aerojet), a to resolve a charge-based investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and to take steps to determine whether employees had been negatively affected by the alleged practice. Holliswood Hospital (Unfair Documentary Practices) December 2012. 1324b, and be subject to departmental monitoring and reporting requirements. Under the settlement agreement, the companies will, among other things, pay a $56,500 civil penalty to the United States for the citizenship status discrimination, establish a $55,000 back pay fund for affected workers, train their staff on the requirements of 8 U.S.C. IERs investigation concluded that Pyramid, which recruits individuals for IT positions, unlawfully rejected valid documents and demanded a different document to verify an asylees work authorization, and then terminated the employee for failing to comply with the demand. The advertisements thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals. 1324b(a)(6). The lawsuit alleged the company preferred to hire H-2B temporary visa holders over U.S. workers for its bus driver positions. On January 31, 2006, the Division signed an agreement with Hispanic Associations of Colleges and Universities (HACU) addressing allegations that HACUs intern recruitment practices were in violation of the INAs anti-discrimination provision. 1324b when verifying the workers work authorization. 10:56 AM. The investigation, based on a referral from the Department of Homeland Securitys E-Verify program, established that ACC engaged in a pattern or practice of discrimination in violation of 8 U.S.C. On March 3, 2017, a tribunal found Mar-Jac liable for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. Under the terms of the settlement agreement, Hilton will pay $550 in civil penalties to the United States, pay the Charging Party $12,600 in back pay, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring. On September 21, 2022, IER signed settlement agreements with four employers that posted job advertisements with unlawful citizenship status restrictions, for a total of $331,520 in civil penalties. On December 6, 2019, the Division signed a settlement agreement with Onin Staffing, LLC (Onin), resolving a claim arising from its investigation into the companys Form I-9 and E-Verify practices in McAllen, Texas. 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. Under the terms of the agreement, Omnibus Express will establish a $208,000 back pay fund to compensate victims, pay $37,800 in civil penalties to the United States, and be subject to departmental monitoring of its hiring and recruiting practices for a period of two years. University of California San Diego Medical Center (Unfair Documentary Practices) January 2012. United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. The reporting requirements require, among other things, providing information pertaining to the companys efforts to recruit domestic applicants for positions if it seeks foreign laborers through the H-2A program. 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. INVESTMENTS PTY LTD. Thawley J. 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. Settlement Press Release Settlement Agreement, Rose Acre Farms, Inc. (Unfair Documentary Practices) August 2018. 24 December 2019. On April 17, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Potter Concrete, Inc., resolving allegations that the Dallas, Texas-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. On June 21, 2010, the Division signed an agreement with Mortons Restaurant and the Charging Party resolving claims of citizenship status discrimination in the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9. The settlement agreement provided for various remedies, including $43,092 in civil penalties, $30,000 in back pay for any injured parties, training, and monitoring. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. Southwest Key Programs (Retaliation) April 2020. The Charging Party has full-time employment and did not seek reinstatement. Settlement Press Release Settlement Agreement, Gap, Inc. (Citizenship Statusand Unfair Documentary Practices) November 2021. Avis Budget e-Toll Related Charge Class Action Lawsuit. 1324b, and undergo departmental reporting and monitoring. The investigation and settlement only address actions by McDonalds corporate-owned restaurants, not its franchises. On April 18, 2022, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IERs reasonable cause finding that UPS committed an unfair documentary practice in violation of 8 U.S.C. Under the terms of the settlement agreement, La Farine will pay $26,000 in back pay and other compensation to the Charging Party, and $300 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period. Collins Management Corporation (Citizenship Status, Unfair Documentary Practices) December 2010. The Divisions investigations concluded that: (1) when using a commercial Form I-9/E-Verify software, Adecco had a pattern or practice of incorrectly reverifying non-U.S. citizens, even those that had previously provided unrestricted Social Security cards, which do not require re-verification; and (2) one of the companys Gardena, California employees: (A) had a pattern or practice of unfair documentary practices against non-U.S. citizen employees, including the Charging Party, and (B) discriminated against the Charging Party in hiring based on his citizenship status when Respondent refused to onboard him. 57.082 (2) (a) (1), Fla. Stat. OnOctober 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia. The Division's investigation established that USSI utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. The charge alleged that the company, prior to hire, rejected documents establishing the Charging Partys employment eligibility that it routinely accepted from U.S. citizens. 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. On September 3, 2019, IER signed a settlement agreement with Allied Universal Holdco, LLC (Allied Universal), which had acquired U.S. Security Associates (USSA), to resolve a reasonable cause finding that a USSA branch office had violated the anti-discrimination provision of the Immigration and Nationality Act. On June 22, 2016, the Division issued a press release announcing it reached a settlement agreement with Macys, resolving violations of 8 U.S.C. A Saskatchewan-based class action lawsuit filed for certification alleges coerced sterilization of Indigenous women is yielding reports from more than one hundred women across Canada who say they . 1324b(a)(1). Mortons Steakhouse (Citizenship Status, Unfair Documentary Practices) June 2010. American Academy of Pediatrics (Citizenship Status) May 2011. On October 22, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Miami-Dade County Public Schools (MDCPS) resolving an independent investigation into whether the company had engaged in unfair documentary practices against non-U.S. citizens during the Form I-9 process. 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. Postal Express, Inc. (Unfair Documentary Practices) October 2015. Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016. On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (Triple H). 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. 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. On January 23, 2018, the Division signed a settlement agreement with Omnicare Health, resolving a reasonable cause determination that at least one Omnicare contract recruiter engaged in citizenship status discrimination against an asylee in violation of 8 U.S.C. On May 17, 2022, IER signed a settlement agreement with JMJ Talent Solutions, Inc. to resolve IERs reasonable cause finding that the staffing company discriminated against the Charging Party, a lawful permanent resident, and two other lawful permanent residents, in violation of 8 U.S.C. On September 28, 2017, the Division filed a complaint against Crop Production Services, Inc. with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that the company discriminated against at least three United States workers by refusing to employ them as seasonal technicians in El Campo, Texas, because Crop Production preferred to hire temporary foreign workers under the H-2A visa program. OSC found that Macy's HR employees violated 1324b when it asked that the charging party, who was a lawful permanent resident, produce an unexpired permanent resident card for the Form I-9 process, even though she had already presented other valid documentation. Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. Under the agreement, Ascension will pay a civil penalty of $84,832 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements three-year term. On July 6, 2020, the Division signed a settlement agreement with Bel USA LLC, resolving claims that Bel USA, located in Miami-Dade County, Florida regularly required work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens, to provide specific Department of Homeland Security-issued employment eligibility documents during the employment eligibility verification process because of their citizenship or immigration status. Macys Retail (Unfair Documentary Practices) June 2013. On November 16, 2017, the Division signed a settlement agreement with Washington Potato Company resolving an investigation alleging that its Form I-9 employment eligibility verification practices at the Freeze Pack facility, which it operated, violated the anti-discrimination provision of the Immigration and Nationality Act. On August 17, 2020, IER signed a settlement agreement with AllianceIT, based in Pleasanton, CA, resolving a reasonable cause that AllianceIT engaged in recruiting discrimination based on citizenship status in violation of 8 U.S.C. (Suppl. 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. Microsoft will pay civil penalties to the United States and train its employees who are responsible for verifying and reverifying workers permission to work in the United States. Under the agreement, Select Staffing will pay $230,000 in civil penalties to the United States, set aside a fund of $35,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for three years. The investigation revealed evidence that the company failed to consider qualified U.S. citizen applicants, and other protected individuals, for several dishwasher positions at a restaurant and bowling center, based on its preference for hiring workers through the CW-1 visa program available only in Commonwealth of Northern Mariana Island. Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018. Poulan Pecan (Unfair Documentary Practices) March 2013. Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. The department's investigation further concluded that Potter Concrete selectively utilized E-Verify to confirm the employment eligibility of individuals the company knew or believed to be non-U.S. citizens or foreign born. 2019. Complaint Press Release Complaint, Sellari's Enterprises, Inc. (Unfair Documentary Practices) June 2017. Leading cloud software provider Blackbaud has been sued in 23 proposed consumer class action cases in the U.S. and Canada related to the ransomware attack that the . Ichiba paid the applicant $1,760 in back wages during the investigation. Temple Beth El (Unfair Documentary Practices) June 2022. 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. 1324b(a)(6), and to ensure that relevant human resources officials participated in OSC-provided or approved training on the anti-discrimination provision of the INA. Facebook (Citizenship Status) October 2021. The Housing Authority also agreed to training and monitoring requirements for two years. IERs investigation found that Scott Insurance engaged in a pattern or practice of citizenship status discrimination by failing to consider and hire non-U.S. citizens for positions, in violation of 8 U.S.C. Indrescom Security Technology, Inc. (Unfair Documentary Practices) March 2012. 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. 1324b(a)(6). The Divisions investigation determined that Ichiba, a ramen restaurant in New York City, denied a qualified applicant employment in the summer of 2017 because it preferred to hire wait staff of Japanese or Korean national origin. Holliswood will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the Department for18 months. 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. 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