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. Apple has reached a tentative settlement in a class-action lawsuit filed in 2019 by a group of U.S. app developers who asserted that Apple engaged in anticompetitive practices in relation. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. 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. IER found that Gaps reliance on an electronic human resource management system contributed to the companys discriminatory conduct. 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. 1324b(a)(6). 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. 1324b(a)(6). 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. IERs investigation also found that Scott Insurance committed unfair documentary practices against the Charging Party, a lawful permanent resident, when it specifically asked for his Permanent Resident Card (PRC) to assess his employment eligibility, then rejected that valid document, in violation of 8 U.S.C. Culinaire International (Unfair Documentary Practices) September 2014. Settlement Press ReleaseSettlement Agreement, Tecon Services, Inc. (Unfair Documentary Practices) June 2021. Rehrig Pacific Company (Unfair Documentary Practices) November 2021. 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 subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. Settlement Press Release Settlement Agreement, Lady M Confections Co, Ltd and Lady M West Third, LLC (Citizenship Status) Novmeber 2022. 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. Allied Universal and four employees who accused it of cheating them and other workers out of pay, and giving Black security officers less lucrative assignments, resolved the workers lawsuit, New York federal court records show. 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. In addition, the district will receive training 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. Questions? WesPak Inc. (Unfair Documentary Practices) May 2019. The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008. International, Inc. (Unfair Documentary Practices) May 2021. Podiatry Residency Programs (Citizenship Status) June 2016. 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. Maged Hakeem Action The Motion to Stay seeks to stay this action pending the outcome of settlement proceedings in the consolidated lawsuit Maged Hakeem, et al. 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. Transamerica Life Insurance Co. has agreed to settle a class-action lawsuit filed by policyholders who alleged it improperly increased monthly charges on their universal life insurance policies. A .gov website belongs to an official government organization in the United States. Settlement Press ReleaseSettlement Agreement, University of California, San Diego (Unfair Documentary Practices) May 2018. On July 20, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with United Natural Foods, Inc. (UNFI), an independent national distributor of natural, organic, specialty foods, resolving an allegation that the company committed discrimination when it impermissibly reverified the work authority of lawful permanent residents and required some non-citizen workers to provide specific Form I-9 documentation. v. Universal Protection Services LP d/b/a Allied Universal Security Services Class Action Lawsuit. On August 9, 2016, the Division issued a press release announcing it reached an agreement with Hartz Mountain Industries, Inc. to resolve the inclusion of a citizenship requirement in a particular job posting without any legal justification. The complaint alleges that beginning no later than January 1, 2018 and lasting until at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders, refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions. A Honda infotainment lawsuit settlement has been preliminarily approved for these vehicles. Mexico Foods, LLC (Unfair Documentary Practices) April 2014. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. 1324b. Under the terms of the settlement agreement, USSI will pay $132,000 in civil penalties to the United States, establish a $50,000 back pay fund, and be subject to monitoring of its hiring practices by the Division for a period of two years. The Data Entry Company (Citizenship Status) May 2015. 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 June 27, 2016, the Division issued a press release announcing it reached an agreement with Crookham Company to resolve a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. 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. Brand agreed to pay $43,560 in civil penalties and $7,200 in back pay to an identified victim. Settlement Press Release Settlement Agreement, Secureapp Technologies, LLC (Citizenship Status) December 2022. No. Settlement Press Release Settlement Agreement, SV Donuts One, LLC (Unfair Documentary Practices) November 2021. Triple H Services, Inc. (Citizenship Status) June 2018. 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. On February 18, 2020, the Division signed a settlement agreement with Chancery Staffing Solutions LLC, aka TransPerfect Staffing Solutions, a legal staffing company headquartered in New York, NY. 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. Temple Beth El (Unfair Documentary Practices) June 2022. 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. 1324b(a)(1)(B). 1324b. 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. CFA Institute (CFAI) (Citizenship Status) February 2019. 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. University of California San Diego Medical Center (Unfair Documentary Practices) January 2012. Complaint Press Release Complaint, Farmland Foods, Inc. (Unfair Documentary Practices) June 2011. Settlement Press Release Settlement Agreement, Garland Sales, Inc. (Retaliation, Unfair Documentary Practices) December 2011. The settlement resolves the department's claims that Culinaire violated the Immigration and Nationality Act (INA) by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility reverification process to establish their work authority. On November 12, 2020, the Division signed a settlement agreement with IAS Logistics DFW, LLC, d/b/a Pinnacle Logistics (Pinnacle Logistics) resolving a claim that the company asked an asylee worker to provide an additional, DHS-issued document to prove his employment eligibility, even though he had already presented sufficient documentation establishing his work authorization, and then terminated his employment when he could not comply with the companys unlawful request. In March 2020, the medical practice credited the coworkers accusations without investigating them and agreed to terminate the employee on that basis. 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. The department's investigation confirmed that SK Food Group requested specific documents from work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens. 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 settlement agreement, the company will pay a civil penalty of $300,000 to the United States. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products. November 3, 2020. 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. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay. Travel Management Company (Citizenship Status) August 2014. 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. When UPS received the notification, the company asked the worker for additional documents instead of checking for a simple data entry error, as the company did when it received such notices for U.S. citizen workers. Specifically, IER concluded that Panda Express: 1) unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired, and 2) routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. 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. Around the Clock Dispatch, Inc. (Retaliation) July 2021. A Universal Protection Services collective action website invites any potential Class Members to join the lawsuit. Case No. Holliswood Hospital (Unfair Documentary Practices) December 2012. IERs investigation determined that the company terminated the high-performing Mexican-American employee based on her coworkers discriminatory bias. The settlement agreement requires the Company to, among other things, pay $14,430 in civil penalties, pay $11,177.60 in back pay to the charging party, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. The charging party, a U.S. citizen, alleged that Martin Farms rejected her job application because it was seeking to hire H-2A workers. 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. 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. R-Tronics, LLC (Citizenship Status) December 2012. BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. 1324b(a)(1). IERs investigation concluded that at the end of the 2016-2017 strawberry picking season, SWF informed its existing U.S. workers that in the future it would rely instead on workers with H-2A visas from a farm labor contractor to harvest its strawberries for the next season, and then retained a farm labor contractor for the express purpose of obtaining workers with H-2A visas. On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. Settlement Press Release Settlement Agreement, ChemArt (Unfair Documentary Practices and Retaliation) June 2020. The agreement resolves a complaint filed with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act. (Unfair Documentary Practices) March 2018. 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. The settlement also requires Microsoft to be subject to departmental monitoring and reporting requirements. IERs investigation found that Bianchi engaged in a pattern or practice of citizenship status discrimination by only using E-Verify to confirm the permission to work of its non-U.S. citizen employees and did not use the program for its U.S. citizen employees. 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. On August 5, 2019, the Division signed a settlement agreement with R.E.E. As part of the agreement, the company will pay $215,000 to the United States, create a $55,000 back pay fund, undergo training on the antidiscrimination provision of the INA, and be subject to departmental monitoring of its employment eligibility reverification practices for a period of two years. Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015. The case settled prior to the Justice Department filing a complaint in this matter. IER concluded that these actions violated 8 U.S.C. On December 20, 2019, the Division signed a settlement agreement with Adecco USA Inc. (Adecco), resolving investigations into the companys employment eligibility verification policies and practices. 2018-2019 Honda Odyssey (Elite, EX, EX-L, EX-LNR and Touring) 2019 Honda Pilot (2EX-LNR, 2TRG, 2TRG 7P . 1324b. Under the agreement, Nebraska Beef will: pay $200,000 in civil penalties to the United States; establish an uncapped back pay fund to compensate workers who may have lost pay because of the companys documentary practices and issue notice to workers about how they may claim back pay; and submit to training and compliance monitoring for two years. NetJets Services, Inc. (Citizenship Status) May 2016. 1324b(a)(1)(B). 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 agreement, 1st Class Staffing is required to pay the charging party back pay in the amount of $720, pay the United States civil penalties in the amount of $17,600, review and revise its employment eligibility verification policies and practices, ensure that all its staff participate in Division-sponsored internet-based training, and be subject to monitoring for one year. Huber has agreed to pay $2,250 in civil penalties to the United States and $59,617 in back pay to the six lawful permanent residents. On November 12, 2019, IER entered into a settlement with Perspective Talent LLC to resolve investigations into whether the company refused to refer workers for employment based on their citizenship or immigration status. Settlement Press Release Settlement Agreement, JP Senior Healthcare, LLCand JP Senior Management, LLC(Unfair Documentary Practices) August 2021. The settlement agreement requires NetJets to pay $41,480 in civil penalties, train its human resources staff on the anti-discrimination provision of the INA, and be subject to monitoring by the Division for a period of two years. On July 21, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Brand Energy and Industrial Services resolving allegations that the company had a pattern or practice of Unfair Documentary Practices by requesting Department of Homeland Security documents from newly-hired non-U.S. citizens. 1324b(a)(6). Under the terms of the settlement agreement, Respondent will pay $34,200 in civil penalties to the United States, pay $1,044 to compensate a worker who lost wages due to its unfair documentary practices, train relevant human resources officials in avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. Sernak Farms (Citizenship Status) December 2011. Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) September 2014. On February 1, 2019, the Division reached a settlement agreement with Honda Aircraft Company, LLC (Honda Aircraft) to resolve a reasonable cause finding that Honda Aircraft violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by refusing to consider or hire work-authorized non-U.S. citizens because of their citizenship status. IER concluded that Amtex used recruiters working abroad who engaged in a pattern or practice of implementing clients unlawful citizenship or immigration status preferences for job candidates in or around January 2021 by: a) emailing job ads with discriminatory preferences that deterred potential candidates from applying, and b) refusing to consider at least two protected U.S. worker candidates for OPT preferred job opportunities, based on their citizenship or immigration status. On, May 6, 2010, the Division reached a settlement agreement with Argosy University in Nashville, Tennessee, and its parent company, Education Management Corporation (EDMC) of Pittsburgh, to resolve allegations that Argosy refused to hire a lawful permanent resident because of his citizenship status and intimidated him for reporting the schools refusal to hire. 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. 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. 1324b, and to ensure that relevant human resources officials participated in specialized OSC-approved or provided training on the anti-discrimination provision of the INA. 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. The lawsuit claims the defendants . On June 21, 2008, the Division reached a settlement agreement with iGate Mastech, Inc. and the Programmers Guild addressing Programmers Guild allegations of citizenship status discrimination in violation of the INAs anti-discrimination provision. On March 31, 2021, the Division signed a settlement agreement with Spike Inc., a construction company headquartered in Sparks, MD. The settlement requires Temple Beth El to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. 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. 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