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. Navajo Express (Citizenship Status) December 2022. On January 15, 2016, the Division signed a settlement agreement with Rio Grande Pak Foods, Ltd, a poultry processor, resolving two charges alleging that the company committed unfair documentary practices. Under the terms of the agreement, Diversified Maintenance Systems will pay $6,800 in back pay and $2,000 in civil penalties to the United States government. The Divisions investigation determined that after aworker complained that InMotions request for a Permanent Resident Card was discriminatory under the INA, the company removed worker from its pool of candidates available for job placement. No proof of purchase is required. 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 undergo departmental monitoring for 3 years. 1324b, and train its staff on the requirements of 8 U.S.C. Gala Construction, Inc. (Unfair Documentary Practices) April 2006. ASTA CRS, Inc. (Citizenship Status) July 2020. The Housing Authority also agreed to training and monitoring requirements for two years. Dec. 21, 2018 - X Stage @ GSX18, an interview with Ty Richmond . Indrescom Security Technology, Inc. (Unfair Documentary Practices) March 2012. 1324b. On May 7, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Imagine Schools, Inc., resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act, when it fired an employee at its Imagine School in Groveport, Ohio, in connection with a "reverification" of his employment eligibility. OnOctober 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia. On July 18, 2014, the Justice Department reached a settlement agreement with Patriot Staffing & Services, LLC resolving allegations that the New Jersey-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by rejecting the Charging Party's Employment Authorization Document because it had an upcoming but future expiration date. 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. The company paid a $500 civil penalty and will be subject to monitoring by the Office of Special Counsel for one year. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. Settlement Press Release Settlement Agreement, Washington Potato Company and Pasco Processing, LLC (Unfair Documentary Practices) May 2017. 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. 1324b(a)(1). 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. J.E.T. Potter Concrete, Inc. (Unfair Documentary Practices) April 2014. 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. 2021: up to $3.5 million, payable 14 business days after the settlement's effective date 2022: up to $5 million, payable on the first anniversary of the effective date 2023: up to $7.5 million, payable on 2-year anniversary of the effective date 2024: up to $8.5 million, payable on 3-year anniversary of the effective date The charges alleged that Rio Grande asked the Charging Parties to produce new Permanent Resident Cards when their prior cards expired, even though this is not permitted under Form I-9 rules, and fired the two workers when they did not comply with the companys request. IER concluded that by soliciting applications only from applicants with certain non-U.S. citizen immigration statuses and referencing the need for specific work permits that can only be obtained by non-U.S. citizens on certain temporary visas, ASTAs job advertisement unlawfully deterred U.S. citizens, lawful permanent residents, refugees, and asylees from applying for the job opportunity. Settlement Press ReleaseSettlement Agreement, Tecon Services, Inc. (Unfair Documentary Practices) June 2021. Pizzerias, LLC (Unfair Documentary Practices) March 2017. On June 10, 2015, OCAHO granted OSCs motion for summary decision against Estopy Farms. IERs investigation concluded that the company unnecessarily required non-U.S. citizens, but not similarly situated U.S. citizens, to present DHS-issued immigration documents based on their citizenship status. As part of the settlement, Gap will pay $73,263 in civil penalties, provide back wages to an asylee and a lawful permanent resident who lost work, train thousands of its employees nationwide, ensure that its electronic programs are compliant with applicable rules, and be subject to monitoring and reporting requirements for three years. 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. IERs independent investigation concluded that, from at least March 21, 2016 to March 20, 2017, Mrs. Fields production and distribution center in Salt Lake City required lawful permanent residents to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. Specifically, IERs investigation found that Ascension improperly sent automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees close to the expiration date of the documents they provided when completing the Form I-9. On September 14, 2021, the Division signed a settlement agreement with Challenger Sports Corp. (Challenger) to resolve a reasonable cause finding that Challenger violated of 8 U.S.C. v. Universal Protection Service, LP dba Allied Universal Security Services, Case No. Share sensitive information only on official, secure websites. Sinai Health System (Unfair Documentary Practices) December 2018. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. On May 31, 2016, the Division issued a press release announcing it reached a settlement agreement with Villa Rancho Bernardo Care Center (VRB), resolving claims that it treated lawful permanent residents differently from other workers in the employment eligibility verification process by requiring them to produce a permanent resident card (often known as a green card). The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract. The Divisions investigation concluded that that the company routinely required specific Form I-9 documents from non-U.S. citizens employees, based on their citizenship status. Catholic Healthcare West (Unfair Documentary Practices) October 2010. The settlement also resolved IERs reasonable cause finding that Navajo had a policy of unlawfully reverifying lawful permanent residents in violation of 8 U.S.C. Class Action: An action where an individual represents a group in a court claim. 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. 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. 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. Travel Management Company (Citizenship Status) August 2014. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. 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. 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. The investigation also determined that ESGW required other non-U.S. citizens to present unnecessary immigration documents to prove their authorization to work in the United States, in violation of the Immigration and Nationality Act (INA)s anti-discrimination provision. 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. Fleetlogix, Inc. (Unfair Documentary Practices) November 2020. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400. On March 8, 2011, the Division and the New York Regional Office of the U.S. Varies. Settlement Press ReleaseSettlement Agreement, Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016. The complaint alleges that Crop Production imposed more burdensome requirements on U.S. workers than it did on H-2A visa workers to discourage U.S. workers from working at the facility. On December 8, 2020, the Division signed a settlement agreement with Ikon Systems, LLC, resolving claims that Ikon routinely 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 that Ikon failed to consider at least one U.S. citizen applicant who applied to a discriminatory advertisement. 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. 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. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products. Case No. A class-action lawsuit filed against General Motors over issues related to the cast alloy wheels on certain C7 Corvette Grand Sport and C7 Corvette Z06 models has been allowed to proceed. 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. Please Call Toll Free 1-888-927-0207. Kmart (Citizenship Status, Unfair Documentary Practices) March 2006. Auto Parts Antitrust. The investigations also revealed that in 2017, a Walmart HR employee had a practice of requesting specific List A documents from certain non-U.S. citizen employees. 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 May 28, 2019, IER reached a settlement agreement with WesPak Inc. to resolve IERs reasonable cause determination that the agricultural company unnecessarily required lawful permanent residents to re-prove their work authorization when their original documents expired, even though their original documents such as Permanent Resident Cards -- demonstrated the workers permanent authorization to work in the United States. Akeya Griffith filed the case against Allied Universal Security Services LLC and subsidiary Universal Protection Services LLC in federal court July 25 on behalf of herself and similarly situated workers. On December 30, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Garland Sales, Inc., a Georgia-based rug manufacturer, resolving allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized non-U.S. citizens. On December 18, 2017, the Division signed a settlement with Crop Production Services, Inc.resolving the Divisions suit alleging that the company discriminated against at least three United States citizens by declining to employ them as seasonal technicians in the companys El Campo, Texas location based on a preference for temporary foreign workers under the H-2A visa program. Under the agreement, DC Precision Machining will pay back pay of over $21,000 to the worker and a civil penalty of $13,400 to the United States, revise its policies and procedures, train relevant employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. 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. McDonalds USA, LLC (Unfair Documentary Practices) November 2015. The investigation stemmed from a charge filed by an individual after Holliswood terminated her after discovering that her employment eligibility would need to be reverified in the future. The postings advertised residency positions as limited to U.S. citizens, with no legal justification for the requirement. Patriot Staffing & Services (Unfair Documentary Practices) July 2014. On July 26, 2017, the Division filed a Complaint against Technical Marine Maintenance Texas, LLC, and Gulf Coast Workforce, LLC, with the Office of the Chief Administrative Hearing Officer alleging that the companies are responsible for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. 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). Provisional Staffing Solutions (Unfair Documentary Practices) May 2017. The Divisions investigation, based on an advertisement on Respondents website, established that the Denver Sheriff Department engaged in a pattern or practice of citizenship discrimination in violation of 8 U.S.C. 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. 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. The Charging Party was in fact a U.S. citizen and Permanent Resident cards are not issued to U.S. citizens. The tribunal did not resolve some liability and remedies issues, which the parties continued to litigate following the March 2017 liability finding. 1324b. Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012. Clifford Chance US LLP (Citizenship Status) August 2018. 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)(6). On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. 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. A $181 million settlement is pending in the Broiler Chicken Antitrust Litigation, a class-action lawsuit that alleges price-fixing within the poultry industry . 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. 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. 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, SD Staffing will identify and provide back pay to individuals who suffered lost wages between September 2011 and January 2014 as a result of the company's alleged discriminatory documentary practices; pay $10,500 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 two years. On September 18, 2018, IER signed a settlement agreement with Palmetto Beach Hospitality, LLC (Palmetto) resolving IERs finding that there was reasonable cause to believe the company had denied U.S. citizens employment in 2017 because it preferred to hire temporary foreign H-2B visa workers. A .gov website belongs to an official government organization in the United States. When the electrician and his wife objected to the hiring practice, the recruiter did not continue considering the electrician for employment. The Division filed a lawsuit in July 2011 alleging that the company discriminated against work-authorized non-U.S. citizens when verifying their work authorization. Igloo also agreed to implement measures intended to improve its recruitment of U.S. workers if the company seeks to hire H-2B visa holders within the next three years. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay. The departments investigation also found that CitiStaff unnecessarily required lawful permanent resident workers to prove their work authorization again when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired. On January 15, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with U.S. Service Industries (USSI), resolving violations of 8 U.S.C. Martin Farms was also subject to department monitoring. Walmart Inc. (Unfair Documentary Practices) December 2018. Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015. On June 25, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Abercrombie & Fitch Inc. Settlement Press Release Settlement Agreement, Aero Precision (Citizenship Status) November 2022. 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. Section 1324b, 3) inform clients who request citizenship status restrictions about the law, and 4) undergo departmental reporting and monitoring for two years. On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Forever 21. 1324b(a)(1) and (a)(6). The trial court granted Allied's summary judgment motion. Under the settlement agreement, the company will train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements. Podiatry Residency Programs (Citizenship Status) June 2016. 1324b(a)(6). Pursuant to the settlement agreement, Forever 21 will pay $1,705.50 in back pay to the charging party, pay $280 in civil penalties to the U.S., and receive training on the anti-discrimination provision. 1324b(a)(6). ISS Facility Services Company (Unfair Documentary Practices) May 2013. 1324b(a)(6) because Mar-Jac routinely required work-authorized non-U.S. citizens (but not U.S. citizens) to present DHS-issued documents to prove their work authorization. COMPANY INFO: Allied Universal Security Services LLC (Bloomberg Law Subscription) Security services giant Allied Universal is accused in a new class lawsuit of cheating workers out pay and assigning black officers to less lucrative posts. 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