The Division's investigation established that Constructor Services utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Under the terms of the settlement, the restaurant will, among other things, pay a $4,000 civil penalty, train relevant management personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring for three years. On June 19, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Rose Acre Farms, Inc., one of the largest egg producers in the country, alleging that it had engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process. 1324b(a)(1)(B). 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. Simply reference our guide to state and federal regulations. Mar-Jac Poultry, Inc. (Citizenship Status, Unfair Documentary Practices) July 2011. 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. 1324b(a)(1)(B); and (2) on numerous occasions, requested copies of Permanent Resident Cards to confirm the citizenship status and work authorization of candidates who identified themselves as lawful permanent residents during the applicant screening process, in violation of 8 U.S.C. National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021. Under the terms of the expected settlement agreement, Constructor Services will pay $18,000 in civil penalties to the United States and be subject to monitoring of its hiring practices by the Division for a period of two years. The EEOC specifies that engaging in protected activity "does not shield an employee from all discipline or discharge" and that " employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences". 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). 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. The Department's investigation was based on two charges the Department received from Puerto Rican-born U.S. citizens who were asked to produce naturalization certificates to prove their citizenship, even though they are native U.S. citizens, in violation of the anti-discrimination provision of the INA. Personalize your employees' training experience with brand logos, industry-specific content, and custom-recorded videos. WebMMPS of New York Settles Pregnancy Discrimination Case for $40,000 in Damages and Penalties and Affirmative Relief MMPS of New York, a medical clinic, agreed to settle a case where a pregnant employee was not provided accommodations and was ultimately terminated because of her pregnancy. Be aware of new workforce regulatory changes reguarding your industry and state. The Divisions underlying investigation, initiated after a referral from the E-Verify Monitoring and Compliance Unit of the Department of Homeland Security, found that Pasco human resources officials routinely requested non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility verification process. Technology Hub, Inc. (Citizenship Status) July 2022. The lawsuit alleges that Facebook routinely refused to recruit, consider, or hire U.S. workers for positions that it reserved for temporary visa holders in connection with the permanent labor certification process (PERM). The company reinstated the suspended employee and paid him lost wages at the start of OSCs investigation. 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. Settlement Press Release Settlement Agreement, Carrillo Farm Labor, LLC (Citizenship Status) May 2017. West Liberty Foods, L.L.C. Navajo Express (Citizenship Status) December 2022. A .gov website belongs to an official government organization in the United States. Here, protected activity means exercising one's legal right to lodge a formal complaint (or participate as a witness it its investigation) in instances of inappropriate/unsafe behaviors at the office (such as discrimination on the basis of protected traits such as race, gender, disability, sexual orientation, national origin, genetic information, etc.). On February 9, 2015, the Justice Department reached a settlement agreement with Standard TyTape Company, resolving an investigation opened by the Division on September 25, 2014. In addition, the company will train its employees 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 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. Under the agreement, Ameritech will pay a civil penalty of $10,000 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 two-year term. LF Staffing Services, Inc. (National Origin, Unfair Documentary Practices) April 2011. 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. Under the terms of the settlement agreement, Abercrombie will pay $3,661.14 in back pay to the complainant and a civil penalty to the United States; establish a back pay fund of $153,932.00 to compensate other individuals who may have been harmed; and be subject to monitoring of its employment eligibility verification practices for two years. 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. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). R&L Carriers, Inc. and R&L Carriers, Shared Services, LLC (R&L Carriers), a nationwide trucking company headquartered in Wilmington, Ohio, will pay $1,250,000 to a class of female applicants and take steps to prevent future discrimination against female applicants to settle a federal lawsuit filed by the U.S. The Division had previously filed a lawsuit in May 2019 alleging that from at least April 4, 2017 to at least July 7, 2017, the company (while operating as TransPerfect Staffing), had implemented a client directive restricting its recruitment and hiring of attorneys for a document review project to U.S. citizens only, and later, to U.S. citizens without dual citizenship. 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. 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 Agency Staffing will pay $8,400 in civil penalties, and receive training on the anti-discrimination provision of the INA. In connection with the settlement agreements, which were approved by U.S. District Judge Lewis A. Kaplan, the DOE agreed to pay a total of $1,187,500 to the four victims of DOEs discrimination and retaliation, and provide training to all DOE superintendents regarding DOEs anti-discrimination policies and procedures. 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). A campaign of retaliation by individuals in positions of power and based on the exercise of federally-protected rights is troublesome. Walmart Inc. (Unfair Documentary Practices) December 2018. The settlement also requires Randstad to train its South Plainfield employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. On October 11, 2017, the Division reached a settlement agreement with InMotion Software, LLC, a Texas-based software development recruiter, resolving an investigation into whether the company retaliated against a work-authorized individual because a worker asserted her rights under 8 U.S.C. Bite sized micro learning. On August 5, 2019, the Division signed a settlement agreement with R.E.E. However, none of the lawsuits filed in January were publicized. We want to hear from you! Certain retaliatory conduct is also under the protections of the following pieces of federal legislature: Some US states have state laws that recognize retaliation claims, if those claims are rooted in violations of "public policy", which include allegedly illegal acts, environmental hazards, violations of safety regulations, and violations of internal business protocol. 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. RALEIGH, N.C. Wal-Mart Stores East, LP violated federal law when it refused to excuse an employees disability-related leave and fired her for violating the companys attendance policy, the U.S. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) August 2015. On June 19, 2015, the Justice Department issued a press release announcing it reached settlements with PFSWeb and Prestigious Placement, two Memphis-area staffing companies. 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. On October 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Serendipity Hearing, Inc., d/b/a Sonus Hearing Care ("Sonus"), resolving violations of 8 U.S.C. VOTED BEST SEXUAL HARASSMENT TRAINING SOLUTION IN 2022 BY THE BALANCE SMB. Crookham Company (Unfair Documentary Practices) June 2016. Under the terms of the settlement agreement, Postal Express will pay a $1,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, and revise company policies to avoid discrimination in the employment eligibility verification process. The settlement requires Destin Wings to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, pay a civil penalty, and pay the Charging Party back pay. Complaint Press Release Complaint, Security USA, Inc. (Unfair Documentary Practices) November 2020. 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. The settlement agreement requires the Companies to, among other things, pay $159,000 in civil penalties, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and undergo departmental monitoring and reporting. Poulan Pecan (Unfair Documentary Practices) March 2013. Under the terms of the settlement, West Liberty Foods is required to pay $52,100 in civil penalties to the United States, ensure that relevant human resources officials participate in IER-provided training on avoiding discrimination in the employment eligibility verification process, post notices to employees on their rights under 8 U.S.C. 1324b and how to contact OSC, and be subject to departmental monitoring of its hiring and recruiting practices for a period of three years. Punitive damages are intended to punish companies financially in order to reward the victim, as well as to provide a heavy disincentive to committing employment violations in the future. 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. Macys Retail (Unfair Documentary Practices) June 2013. Aero Precision (Citizenship Status) November 2022. 1324b(a)(1) and (a)(6). The department found that El Rancho's discriminatory practices were based on employees' citizenship status. Under the agreement, Northgate will pay a civil penalty of $1,928 to the United States and $22,165.59 in back pay to the asylee worker, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. Equal Employment Opportunity In some instances, after sending these unnecessary e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working. 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. Home Care Giver Services, Inc. (National Origin) December 2011. (DJ# 197-80-45), Settlement Press Release Settlement Agreement, Buddys Kitchen, Inc. (Unfair Documentary Practices) January 2022, On January 10, 2022, the Division signed a settlement agreement with Buddys Kitchen, Inc. (Buddys Kitchen) resolving a reasonable cause finding that Buddys Kitchen had engaged in unfair documentary practices in violation of 8 U.S.C. Specifically, IERs investigation found that General Motors engaged in a pattern or practice of unfair documentary practices from at least July 1, 2019, until May 21, 2021, by requesting non-U.S. citizen new hires to provide more or different documents than the law required to establish their permission to work in the United States, based on their citizenship status. Under the agreement Patriot Staffing & Services, LLC will pay the Charging Party a sum of $2500.00 in back pay to compensate her for the economic damages suffered, $500 in civil penalties to the United States, and ensure all human resource personnel involved in hiring and employment eligibility verification participate in an OSC provided training webinar. 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. 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 settlement also requires Spike to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. 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. IERs investigation also found that DC Precision Machining terminated a U.S. citizen worker when she refused to present the requested document, even though she had already presented sufficient documentation to complete the Form I-9. The agreement recognizes that the County unilaterally reinstated the deputy sheriff with back pay and requires the County to edit job advertisements to comply with 8 U.S.C. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. Among the terms of the settlement agreement, AETS agreed to pay $10,000 in back pay and compensatory damages, and to participate in training on both the anti-discrimination provision and Title VII. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. The EEOC filed suit in U.S. District Court for the Central District of California (Case No. On August 15, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Real Time Staffing Services, LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The statute of limitations for submitting a retaliation claim with the EEOC is 180 days (the time window may be extended up to 300 days in several states). On December 19, 2018, the Division reached a settlement agreement with Sinai Health System (Sinai) to resolve a reasonable cause finding that Sinai 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. On May 28, 2019, IER signed a settlement agreement with Stanislaus County to resolve IERs reasonable-cause determination that Stanislaus County delayed the reinstatement of a deputy sheriff based on his citizenship status, despite receiving documentation showing that he satisfied the applicable state-law citizenship requirement, and imposed unlawful citizenship status restrictions in job advertisements and screening questionnaires. Brand agreed to pay $43,560 in civil penalties and $7,200 in back pay to an identified victim. 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. It is illegal for employers to retaliate against employees for engaging in "protected activity" of filing unlawful discrimination/ sexual harassment/hostile work environment claim with the HR, a state agency or a federal watchdog organization. SD Staffing (Citizenship Status) January 2014. Settlement Press Release Settlement Agreement, Martin Farms (Citizenship Status) March 2011. On August 5, 2015, the Division issued a press release announcing it reached a settlement agreement with the City of Eugene, Oregon, to resolve allegations that it required applicants for police officer positions be a U.S. citizen at the time of application. An official website of the United States government. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today. When the foreman complained to company management about the hostile work environment, he was fired. Under the agreement, DB will pay $7,700 in civil penalties to the United States, be trained on its employment eligibility verification policies and procedures, and be subject to monitoring of its employment eligibility verification practices for one year. On February 4, 2021, IER signed a settlement agreement with Service Minds, Inc. d/b/a Mister Sparky, resolving claims that the company retaliated against a work-authorized electrician, in violation of 8 U.S.C. On August 13, 2019, IER reached a settlement with Automotive Creations, Inc., Dynamic Auto Images, Inc., Prestige Auto Specialists, Inc., and Expert Automotive Reconditioning, Inc. (collectively, the Companies) to resolve a reasonable cause finding that the Companies violated the anti-discrimination provision of the Immigration and Nationality Act. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015. Former employees at Salt Bae's restaurants allege they faced nationality-based discrimination, an Insider investigation revealed Yoonji Han and Sophia Ankel Apr 26, 2023, 12:59 PM PDT Nusret Gke, better known as Salt Bae, has been popular on social media since first becoming viral in 2017. On October 19, 2021, the Division reached a settlement with Facebook, Inc., resolving claims that Facebook discriminated against U.S. workers (U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents) in its recruitment and hiring practices, in violation of 8 U.S.C. Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years. Brickell Financial Services Motor Club, Inc. d/b/a Road America Motor Club, Inc. (Unfair Documentary Practices) April 2017. N.J. county pays employee over $118K to settle 3 claims of racial discrimination in 8 years Salem County has paid Butts $118,500 to settle three claims 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 settlement agreement requires Ichiba to pay $2,000 in civil penalties, to undergo Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act, revise its policy, and be subject to Division reporting requirements. On June 20, 2016, the Division issued a press release announcing it reached agreements with 121 podiatry residency programs (Category 1, Category 2, Genesys Regional Medical Center and Northwest Medical Center) and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens by creating and publishing discriminatory postings for podiatry residents through AACPMs online podiatry residency application and matching service. WebUnder the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. Of these, employees lost at least half of all cases. 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 investigation revealed that the company had a pattern or practice of requesting more or different documents from lawful permanent residents when their Permanent Resident Cards expired. 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. 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. 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. The Divisions investigation concluded that Themesoft, Inc. refused to consider an asylee for employment because of his citizenship status. 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. 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. 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. The court also found that, in some cases, foreign-born individuals were prevented from working for the company even though they had sufficient proof of their work authorization. In addition, two advertisements sought only applicants with Optional Practical Training status, a temporary work authorization status given to certain non-U.S. citizen students in the United States. The Division's investigation concluded that Accountemps refused to refer the charging party for a federal government contract position because, as a naturalized citizen, the charging party was not born in the United States. On December 7, 2021, the Division signed a settlement with Microsoft Corporation that resolved claims that the company discriminated based on citizenship status against non-U.S. citizens. Under the terms of the settlement agreement, Powerstaffing is required to pay $153,000 in civil penalties, be subject to department monitoring and to review of its hiring policies. The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract.
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