The investigation also revealed that the employer believed she could ask non-U.S. citizens to produce specific documents to establish work authorization upon initial hire, but did not need to make similar demands of U.S. citizens. 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. 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. The Divisions investigation concluded that Themesoft, Inc. refused to consider an asylee for employment because of his citizenship status. 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. Under the settlement agreement, Quantum will pay a civil penalty of $4500 to the United States, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental monitoring and reporting requirements. Aldine Independent School District (Citizenship Status) November 2016. The Division filed a complaint in 2014 alleging that LCC utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. On May 8, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with The Data Entry Company, a federal government contractor, resolving a claim that the Respondent discriminated against the Charging Party when it refused to consider her application for a contract position with DHS because of her dual citizenship. The settlement requires General Motors to pay $365,000 in civil penalties, undergo training, enhance its procedures to promote compliance with the INAs anti-discrimination provisionincluding while conducting export control assessments under different lawsand undergo reporting and monitoring requirements. Retaliation | Texas Employment Law Update 1324b(a)(1)(B) and (a)(6). The settlement agreement requires ESGW to pay a civil penalty of $6,186, train relevant employees about the anti-discrimination requirements of 8 U.S.C. United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. In 2017, almost 49% of all EEOC filings involved workplace retaliation. On December 4, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Life Generations Healthcare LLC, doing business as Generations Healthcare (GHC), resolving all discretionary remedies. On August 5, 2019, the Division signed a settlement agreement with R.E.E. IERs investigation concluded that from at least November 2016 through January 2018, CFAI set aside grading positions for temporary visa holders, and thus failed to consider equally qualified U.S. workers, in violation of 8 U.S.C. On May 9, 2019, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Chancery Staffing Solutions LLC, a temporary staffing agency, alleging that the company is responsible for a pattern or practice of citizenship status discrimination in violation of 8 U.S.C. 1324b(a)(6). The investigation also determined that the company incorrectly believed that it could only hire U.S. citizens to fill 12 mechanic positions, so it did not let the Charging Party and other non-U.S. citizens apply for jobs in its Jupiter, Florida location. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. 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 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. Under the terms of the settlement agreement, IG Services will pay $53,880 in civil penalties, create a $35,000 back pay fund for victims who lost work due to IG's practices, receive training on the anti-discrimination provision of the INA, and be subjected to two years of monitoring. City of Eugene Police Department (Citizenship Status) August 2015. Settlement Press ReleaseSettlement Agreement, University of California, San Diego (Unfair Documentary Practices) May 2018. 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. Pinnacle Logistics (Unfair Documentary Practices and Citizenship Status) November 2020. 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. Pete Pappas & Sons, Inc. (Unfair Documentary Practices and Citizenship Status) July 2019. 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. In contrast, Ascension did not program the software to send e-mails to U.S. citizens and therefore did not notify U.S. citizens near the expiration of their documents. On May 22, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Whiz International LLC, an information technology staffing company, alleging that it discriminated against one of its employees when it terminated her in retaliation for expressing opposition to its alleged preference for foreign nationals with temporary work visas. Under the settlement agreement, Mar-Jac will pay a civil penalty of $190,000, pay up to $25,000 in back pay to compensate affected employees and applicants, and will have its relevant staff participate in Division-provided training on 8 U.S.C. Patriot Staffing & Services (Unfair Documentary Practices) July 2014. The investigation showed that U.S. citizens were permitted to provide documentation of their choice. 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. 1324b(a)(6). On March 21, 2016, the Division signed a settlement agreement with Barrios Street Realty and its agent, Jorge Arturo Guerrero Rodriguez, resolving claims that Barrios Realty and Guerrero Rodriguez discriminated against qualified U.S. workers by preferring to hire foreign workers under the H-2B visa program. The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008. The agreement resolves an allegation that the company retaliated against a work-authorized individual after he asserted his rights and privileges under 8 U.S.C. WebThe firm has received the largest jury verdict in U.S. history in a gender discrimination lawsuit; the largest jury verdict in a Title IX lawsuit; one of the largest settlements in a Settlements and Lawsuits - United States Department of On June 30, 2017, the Division signed a settlement agreement with Sellaris Enterprises, Inc.,an Orlando, FL staffing agency, resolving an investigation into the companys Form I-9 employment eligibility verification practices. 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. Holliswood Hospital (Unfair Documentary Practices) December 2012. 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 Division had previously filed a lawsuit in December 2020 alleging that from at least January 1, 2018 to at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders in connection with the permanent labor certification process (PERM), refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions. Taiyo International Inc. (Retaliation) April 2020. 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. Settlement Press Release Settlement Agreement, Nederlander Marketing, Inc. d/b/a Broadway Direct (Citizenship Status)January 2023. On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). Under the settlement agreement, the company will pay a civil penalty of $5,204 to the United States, pay $13,930 in back pay to the Charging Party, train relevant employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental monitoring. That suit was settled last month for $37,500, according to settlement paperwork obtained by open public records advocate John Paff, who first reported on the new agreement. As part of the settlement agreement, the Housing Authority agreed to offer the Injured Party reinstatement, provide him with back pay, and pay a civil penalty to the United States. Under the settlement agreement, Fleetlogix will pay a civil penalty of $627,00 to the United States, up to $100,000 in back pay to people who lost work due to the discrimination, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. Under the settlement agreement, Buddys Kitchen agreed to pay $40,000 in civil penalties, change their employment policies to comply with the anti-discrimination provision of the INA, and train its employees who are responsible for verifying workers permission to work in the United States. Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2014. Retaliation 1324b(a)(6) when it instructed the worker to produce another DHS document. WebLast week the Texas Supreme Court reversed a $1 million jury verdict in a retaliation case arising under state law. 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. Afni, Inc. (Unfair Documentary Practices) December 2018. Discrimination 1324b(a)(1)(B). Complaint Press Release Complaint, American Cleaning Company (Unfair Documentary Practices) October 2016. 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. 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. 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. 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. On November 15, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kim Hoang Coffee and Fast Food Restaurant, to resolve allegations that the employer refused to accept new work authorization documents to re-verify an employee's employment eligibility. On December 29, 2010, the Department of Justice issued a press release announcing a settlement agreement with Collins Management Corporation resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). Retaliation Case Settlements: What You Need To Know Printing firm to pay $242,799 to settle sex discrimination, harassment and retaliation suit. The EEOC said that a white superintendent and white foreman at the company repeatedly made derogatory and offensive comments to an African-American foreman and black employees. On June 24, 2021, IER signed a settlement agreement with Easterseals-Goodwill Northern Rocky Mountain, Inc. (ESGW), resolving claims that ESGW engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. 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. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay. The settlement agreement requires Walmart to pay a civil penalty, train staff in Fort Worth-area stores, and be subject to Division monitoring and reporting. IER found that Gaps reliance on an electronic human resource management system contributed to the companys discriminatory conduct. 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. 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. Under the settlement agreement, Gamewell Mechanical, Inc. will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States. On August 29, 2014, the Department of Justice issued a press release announcing that it filed a complaint against Louisiana Crane Company, LLC d/b/a Louisiana Crane and Construction, a company that provides crane, construction and other industrial services, due to allegations of Unfair Documentary Practices against non-U.S. citizens. Master Klean Janitorial (Unfair Documentary Practices) May 2014. Training managers and supervisors on their responsibilities to maintain a retaliation-free workplace is an important step in addressing this pervasive problem and strengthening your, Preventing & Responding to Workplace Threats, anti-discrimination and harassment program. 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. Mexico Foods, LLC (Unfair Documentary Practices) April 2014. On July 1, 2022, IER signed a settlement agreement with Technology Hub, Inc., to resolve IERs reasonable cause finding that the company committed citizenship status discrimination, in violation of 8 U.S.C. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. ComForcare 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 for 18 months. Crop Production Services, Inc. (Citizenship Status) September 2017. Under the settlement agreement, the Board will pay a civil penalty of $90,000 to the United States, up to $100,000 in back pay to people who lost work due to the discriminatory practice, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. The company not only failed to stop the harassment, it instead promoted one of the harassers and even assigned him to supervise the African-American foreman. On January 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SD Staffing LLC (SD Staffing), aka Atwork Personnel Services Inc., a company based in Methuen, Mass., resolving claims that the staffing company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). 1324b and undergo departmental monitoring for 3 years. Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) August 2013. Among other things, the agreement required iGate to refrain from placing employment advertisements that specifically encouraged or otherwise suggested a preference for applications from non-immigrant foreign workers, and to pay $45,000 in civil penalties. 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. Levy Restaurants (Unfair Documentary Practices) February 2017. Settlement Press Release Settlement Agreement, General Motors (Citizenship Status Discrimination and Unfair Documentary Practices) April 2023. 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. Ark Rustic Inn LLC d/b/a Rustic Inn Crabhouse (Unfair Documentary Practices) October 2017. WesPak Inc. (Unfair Documentary Practices) May 2019. On June 25, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Abercrombie & Fitch Inc. IERs investigation concluded that from at least January 1, 2015 to July 30, 2018, a USSA human resources staff member responsible for completing the employment eligibility verification process for the companys Fairfax, Virginia office,requested lawful permanent residents, but not similarly situated U.S. citizen employees, produce a permanent resident card, a List A document, to prove their employment eligibility, in violation of 8 U.S.C. The company also agreed to train relevant employees about the anti-discrimination requirements of 8 U.S.C. 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. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. 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. 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). Travel Management Company (Citizenship Status) August 2014. Crop Production Services, Inc. (Citizenship Status) December 2017. On October 13, 2022, IER signed a settlement agreement with Professional Maintenance Management (PMM), a cleaning and janitorial services company based in Maryland. 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. 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. Whiz International, LLC (Retaliation) May 2012. IER concluded that the company unlawfully required applicants for several job advertisements to be U.S. citizens, lawful permanent residents, or holders of TN-1 visas, which excluded other work-authorized non-U.S. citizens including refugees and asylees. The settlement also requires Hallaton to train employees on the requirements of the INAs anti-discrimination provision and be subject to departmental monitoring and reporting requirements. On May 10, 2018, IER reached a settlement agreement with the University of California, San Diego (UCSD) resolving allegations of unfair documentary practices. The Divisions investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondents 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. Read on to find out what you can do if you find yourself the target of unlawful retaliation in the workplace settlements.
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