Master Klean Janitorial (Unfair Documentary Practices) May 2014. 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. 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. Scott Insurance (Unfair Documentary Practices and Citizenship Status) January 2022, On January 24, 2022, IER signed a settlement agreement with James A. Scott & Son, Inc. d/b/a Scott Insurance resolving IERs reasonable cause finding that Scott Insurance committed an unfair documentary practice in violation of 8 U.S.C. IERs investigation found that ESGW, a non-profit organization headquartered in Great Falls, MT, which also operates in Utah, Idaho and Wyoming, discriminated against an asylee by rejecting her documents that were valid proof of work authorization and demanding different documents to verify her employment eligibility, based on her immigration status. Specifically, IERs investigation found that the company requested non-U.S. citizens (primarily lawful permanent residents), but not U.S. citizens, to produce specific documents to establish their permission to work during the employment eligibility verification process. The Division also concluded that R.E.E. WesPak did not similarly require U.S. citizens whose original work documents had an expiration date to re-prove their work authorization. In addition, Respondents will jointly pay a $30,000 civil penalty to the United States; create an $115,000 back pay compensation fund to compensate economic victims; ensure that relevant human resources personnel participate in Division-provided training; and be subject to Division monitoring for a three-year period. 1324b, and be subject to departmental monitoring. If the employee has been found to have been wrongfully terminated, demoted, or suspended, they may recover the lost wages suffered in the time they had been away from their former position (known as "back pay"), as well as the wages they would continue to lose in the future if not reinstated to former position (known as "front pay"). 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. 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. In addition to paying civil penalties in the amount of $23,260.00 and back pay to the Charging Party in the amount of $10,072.23, the John Jay College has agreed to train its 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 be post an equal opportunity statement on its website for a period of three years. Bianchi Home Care, Inc. (Citizenship Status) March 2022. On November 23, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Sunny Grove Landscaping & Nursery, Inc. (Sunny Grove) resolving allegations that the Florida-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by routinely requesting specific DHS-issued documentation from work-authorized non-U.S. citizens during the employment eligibility verification processes while not making similar demands of U.S. citizens. Under the agreement, Master Klean will pay $75,000 in civil penalties to the United States, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year. We are not affiliated with the Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Opposition to a practice believed to be unlawful discrimination, Complaining to anyone about alleged discrimination against oneself or others, Threatening to file a charge of discrimination, Picketing in opposition to discrimination, Refusing to obey an order reasonably believed to be discriminatory, Actions that interfere with job performance so as to render the employee ineffective, Unlawful activities such as acts or threats of violence, Participation in an employment discrimination proceeding. On August 15, 2016, the Division issued a press release announcing it reached a settlement agreement with TEG Staffing, Inc., d/b/a Eastridge Workforce Solutions (Eastridge), resolving alleged violations of 8 U.S.C. A printing and 1324b(a)(5). Conversely, the wronged employee has legal recourse in fighting it. 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. 1324b(a)(6). 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. Pursuant to the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties, receive training on the anti-discrimination provision of the INA, and be subject to monitoring for one year. IERs investigation found that the company initially offered the Charging Parties crop harvesting jobs, but then falsely told them that the harvesting work was no longer available and instead offered them warehouse packing jobs with a lower hourly wage. 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. Retaliation is the deliberate discrimination against an employee after they have lodged a complaint against the employer. Try our best-in-class, interactive, and engaging courses for free! 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. Randstad North America, Inc. (Unfair Documentary Practices andCitizenship Status) April 2020. IERs investigation concluded that a company recruiter incorrectly told the electrician that the company only hired U.S. citizens. Under the agreement, ACS will, among other terms, engage in corrective measures including training and ensuring review of its future job postings, and pay a civil penalty. Under the settlement agreement, Randstad will pay a civil penalty of $135,000 to the United States, and provide $909 in back pay to the affected worker. IERs investigation, which began after the worker filed a charge, determined that ChemArt unlawfully requested a specific immigration document from the worker based on her perceived citizenship status and then withdrew her job offer after she opposed the document request. As part of the settlement agreement, the company will pay $14,500 in back pay to an identified victim, $3,200 in civil penalties, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA). Hoover paid $10,200 in civil penalties and will train its HR personnel on their nondiscrimination responsibilities in the I-9 process. Unlawful retaliation at the place of work happens when employers take adverse action against employees, job applicants, or a former employee for engaging in "protected activity". IERs investigation determined that from at least mid-January 2019, until mid-March 2019, the company did not fairly consider potentially qualified U.S. workers for laborer positions because it preferred to hire individuals with H-2B visas, in violation of 8 U.S.C. Equal Employment Opportunity Under the settlement agreement, SK Food Group will identify and provide back pay to individuals who suffered lost wages between July 2012 to the present, as a result of the company's alleged discriminatory documentary practices; pay $40,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year. 1324b(a)(6). Isabella Geriatric Center (Unfair Documentary Practices) August 2014. 1324b. 1324b. Mr. K's Used Books & CDs, Inc. (Unfair Documentary Practices) February 2019. Travel Management Company (Citizenship Status) August 2014. 1324b, and be subject to departmental monitoring and reporting requirements. Northgate Gonzalez Markets, Inc (Unfair Documentary Practices) December 2020. The Divisions investigation concluded that that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens. Easy and intuitive training for all. On November 24, 2020, IER signed a settlement agreement with Security USA, LLC (Security) resolving claims by a Charging Party (CP) that the company made unnecessary and excessive document demands in violation of 8 U.S.C. Keep in mind also that not all changes count as illegal "retaliation". 1324b. 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. 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. On August 31, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Louisiana Crane & Construction (LCC) resolving violations of 8 U.S.C. 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). On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. Discrimination claims are often fraught with emotion on both sides, especially if the HR professional is the same person who made the decision that led to the The settlement agreement requires that The City of Eugene pay $3,000 in civil penalties, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period. Read on to find out what you can do if you find yourself the target of unlawful retaliation in the workplace settlements. 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. 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 agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay. 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. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. $350,000 Disability Discrimination 2008 $115,000 Sexual Harassment $1,281,045 CEPA verdict and judgment (Stomel v. Implementing a formal complaint process for employees to report suspected incidents of retaliation, including an ethics hotline. 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. Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020. On October 19, 2010, the Department of Justice issued a press release announcing a settlement agreement with Catholic Healthcare West, a hospital-system with 41 facilities throughout California, Nevada, and Arizona. While IERs investigation was pending the former employee filed his own lawsuit with the administrative court, and the settlement agreement, to which the former employee is a signatory, also resolves that lawsuit. On September 26, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Huber Nurseries (Huber), based on allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary visa holders over six Nepalese lawful permanent residents. 1324b(a)(1) and (a)(6). The attorneys discussed the employers responsibilities and obligations under the anti-discrimination provision of the INA. 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. 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. 1324b(a)(1)(A). 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.
