On May 13, 2016, the Division issued a press release announcing it reached a settlement agreement with NetJets Services, Inc. ( NetJets), resolving claims that it treated non-U.S. citizens differently than U.S. citizens in violation the anti-discrimination provision of the Immigration and Nationality Act (INA) by: (1) requiring newly hired non-U.S. citizens to present specific documents to prove their employment eligibility; (2) subjecting employees who were Legal Permanent Residents to unnecessary post-employment reverification of their work authority through the production of specific documents; and (3) requiring employees who had become naturalized U.S. citizens after they were hired to produce their certificate of naturalization to establish the change in their citizenship status. LF Staffing Services, Inc. (National Origin, Unfair Documentary Practices) April 2011. University of California San Diego Medical Center (Unfair Documentary Practices) January 2012. The lawsuit alleges that Allied Universal forced Security Agents, Operations Assistants and Supervisors to work "off-the-clock" before their scheduled shifts, during meal breaks, following the completion of their scheduled hours and while traveling between posts on JFK property, among other allegations. Macys Retail (Unfair Documentary Practices) June 2013. PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015. 1324b(a)(1)(B). On June 19, 2018, the Division signed a settlement agreement with Setpoint Systems, Inc., resolving a reasonable cause finding that the company engaged in citizenship status discrimination in violation of 8 U.S.C. Walmart Inc. (Unfair Documentary Practices) December 2018. IERs investigation concluded that Aerojet misunderstood its obligations under government contracts and with federal regulations, such as the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). The lawsuit against Allied Universal highlights several issues including lack of adequate security measures, inadequate training and supervision, failure to ensure that the required documentation was kept, wrongful termination, negligent supervision, and failure to make good on promised overtime. Select Staffing (Unfair Documentary Practices) August 2014. 1324b(a)(1), when it posted online job advertisements that were facially discriminatory, excluding certain categories of protected individuals from consideration. Among other provisions, the settlement agreement requires Panda Express to pay $400,000 in civil penalties, undergo IER training on the anti-discrimination provision of the INA, and pay up to $200,000 in back pay to workers affected by the practice. The settlement requires Giant to undergo training, make policy changes, alter its onboarding software, be subject to monitoring, and pay a civil penalty. This month's featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers. ASTA CRS, Inc. (Citizenship Status) July 2020. Under the terms of the agreement Omnicare paid $3,621 in civil penalties, posted notices informing workers about their rights under the anti-discrimination provision of the Immigration and Nationality Act, agreed to train relevant staff and its contractors on those requirements, and acknowledged that it would be subject to departmental monitoring and reporting requirements for a two year period. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay. On May 7, 2020, the Division signed a settlement agreement with Randstad North America, Inc., to resolve claims arising from a charge-based investigation into the companys Form I-9 and E-Verify practices at its South Plainfield, New Jersey, location. 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. On October 27, 2021, IER signed a settlement agreement with Priority Construction, Inc., a construction company headquartered in Baltimore, MD. 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. The Divisions investigation found that between December 2015 and February 2016, ACSs Cookeville office created and published a job posting stating that applicants for machine operator positions at a client company must present a U.S. birth certificate, even though there was no legal authorization for such requirement. 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. Collabera, Inc. (Citizenship Status and Unfair Documentary Practices) January 2021. The Department also concluded that the Woodburn School District pre-screened the applicant when it asked for specific documentation to verify the applicants citizenship status and work authorization, but did not make similar requests of U.S. citizens, in violation of 1324b(a)(6). On September 4, 2014, the Justice Department reached a settlement agreement with Motorcoach Class A Transportation, Inc. (MCA Transportation), a bus company in Orlando, Florida, resolving an allegation that the company committed an unfair documentary practice against an asylee by requesting more or different documents than necessary for the Form I-9 on the basis of citizenship status in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). On March 23, 2011, the Division reached an agreement with Martin Farms to resolve a charge of citizenship status discrimination. The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract. Farmland Foods, Inc. (Unfair Documentary Practices) August 2011, Settlement Press Release Settlement Agreement, Summit Steel Fabricators (Unfair Documentary Practices) August 2011, Brand Energy and Industrial Services (Unfair Documentary Practices) July 2011. J.E.T. IERs investigation found that G4S, a security services company based in Jupiter, Florida, rejected the Charging Partys valid Permanent Resident Card and Form I-797 extending its validity, and requested a new Permanent Resident Card to verify his work authorization, because of his status as a Lawful Permanent Resident. On August 24, 2015, the Justice Department issued a press release announcing it signed a settlement agreement with Nebraska Beef, resolving an independent investigation of whether the company had engaged in discriminatory documentary practices based on citizenship status during the employment eligibility verification process. Avant Healthcare Professionals, LLC (Citizenship Status) February 2013. On December 23, 2022, IER secured a settlement with Walter J. Willoughby Jr., MD., Ltd. to resolve IERs reasonable cause finding that the company discriminatorily fired a longstanding employee based on her national origin, in violation of 8 U.S.C. Under the terms of the settlement agreement, the Respondents paid a combined $1,450 in civil penalties, provided back pay to both charging parties, and will undergo training. Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020. On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with R-Tronics, LLC, a company based in Rome, New York, which manufactures custom and prototype electronic equipment. On October 17, 2016, the Division signed a settlement agreement resolving its investigation of American Cleaning Company (ACC). 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. Ark Rustic Inn LLC d/b/a Rustic Inn Crabhouse (Unfair Documentary Practices) October 2017. Hispanic Association of Colleges and Universities (HACU) (Citizenship Status) January 2006. The settlement agreement requires the School District to pay the teacher applicant $5,774.81 in monetary damages; $5,543 in civil penalties to the United States; and be subject to departmental monitoring, training, and reporting requirements for a three-year period. 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. Under the terms of the agreement, Omnibus Express will establish a $208,000 back pay fund to compensate victims, pay $37,800 in civil penalties to the United States, and be subject to departmental monitoring of its hiring and recruiting practices for a period of two years. Under the terms of the settlement, Respondent will pay $16,290 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. Under the settlement agreement, the company will pay a civil penalty of $300,000 to the United States. On January 4, 2012, the Department of Justice issued a press release announcing it reached settlement agreement with the University of California San Diego Medical Center, resolving a complaint filed on December 6, 2011, alleging that the medical center failed to comply with proper employment eligibility verification processes for non-citizens who are authorized to work in the United States. Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years. MUY Brands, LLC (Unfair Documentary Practices) October 2019. The parties have agreed that Challenger will pay a $6000 civil penalty, establish a $36,820 fund to cover back pay and interest for victims, and be subject to departmental monitoring and reporting requirements. On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the companys hiring practices. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. No proof of purchase is required. DIRECTV LLC: Federal Judge Dismisses TCPA Class Action Lawsuit DISCOVER FINANCIAL: Bid to Compel Arbitration in B&R Suit Pending DROPBOX INC: Settlement . Under the settlement agreement, Holliswood will pay $1,182 in back pay to the Charging Party, and $5,000 in civil penalties to the United States. In addition, Facebook will be required to conduct more expansive advertising and recruitment for its job opportunities for all PERM positions, accept electronic resumes or applications from all applicants, and take other steps to ensure that its recruitment practices for PERM positions closely resemble its standard recruitment practices. Share sensitive information only on official, secure websites. Additionally, SpringShine will train relevant staff and submit to monitoring. The case was litigated heavily before the parties agreed to settle the claims for $37.5 million. 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. Marion County School District 103 a/k/a Woodburn School District (Citizenship Status) October 2019. City of Eugene Police Department (Citizenship Status) August 2015. Among the terms of the agreement, SKP will pay the charging party over $68,000 in front pay and back pay, receive IER training, and modify its policies as necessary. 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. Under the settlement agreement, MCPS will pay $4,450 in back pay to each of the two charging parties and be subject to a monitoring period of one year. 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. 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 company paid a $500 civil penalty and will be subject to monitoring by the Office of Special Counsel for one year. On May 29, 2019, IER signed a settlement agreement with El Expreso Bus Company (El Expreso), resolving IERs reasonable cause conclusion that the company failed to consider U.S. workers for its temporary bus driving position in 2016 because it preferred to hire temporary H-2B visa workers for those positions, in violation of 8 USC 1324b(a)(1). On February 20, 2018, the Division signed a settlement agreement with Food Love 125, d/b/a/ Ichiba Ramen (Ichiba), resolving a charge-based investigation. 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. The investigation also uncovered evidence that El Rancho routinely requested a specific work authority document from lawful permanent residents during the initial employment eligibility verification process even though under the law employees are allowed to choose what documents to present. 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. Macys (Citizenship Status, Unfair Documentary Practices) June 2010. The Sheriff's Office fully cooperated with the investigation and agreed to revise its hiring policies and procedures to ensure compliance with the INA's anti-discrimination provision. 24 December 2019. (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. The Sheriff's Office also agreed to pay $500 in civil penalties to the United States. Settlement Press ReleaseSettlement Agreement, Igloo Products Corp. (Citizenship Status) November 2021. UPS asked for the additional documents after getting a data entry error notification from the propriety software program the company uses to access E-Verify and verify workers permission to work. On October 13, 2022, IER signed a settlement agreement with Professional Maintenance Management (PMM), a cleaning and janitorial services company based in Maryland. On October 15, 2015, Respondent paid its Court-ordered civil penalty of $3,200. Further, the investigation established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce a List A employment eligibility document to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation. The settlement requires Amiga to pay $24,864 in civil penalties, undergo training, and be subject to monitoring. resolving a reasonable cause finding that the companys employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act. Southwest Key Programs (Retaliation) April 2020. 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 Charging Party has full-time employment and did not seek reinstatement. 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. Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. 1324b(a)(6). IERs investigation concluded that the company (1) engaged in a pattern or practice of recruiting and hiring only U.S. citizens or U.S. citizens and lawful permanent residents for certain positions without legal justification, in violation of 8 U.S.C. Four of these advertisements sought only U.S. citizens and lawful permanent residents, thereby deterring others with permission to work in the U.S. without sponsorship, including asylees and refugees, from applying and receiving fair consideration for the employment opportunities. 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 CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. Aquatico Pool Management (Citizenship Status, Unfair Documentary Practices) June 2010. IERs investigation revealed that West Liberty Foods had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. On June 6, 2011, the Department of Justice issued a press release announcing a settlement agreement with Canvas Corporation, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting recruiting and hiring to 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. The man,. The agreement resolves allegations that YCS discriminated against work-authorized immigrants because of their citizenship status. In May 2017 IER settled a lawsuit with Washington Potato Company and Pasco Processing, LLC, for engaging in a pattern or practice of violating 8 U.S.C. 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. 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. 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. 29 November 2019. Adaequare, Inc. (Citizenship Status) March 2021. Aldine Independent School District (Citizenship Status) November 2016. On January 30, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with City of Waterloo, Iowa, resolving allegations that the city violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it imposed a U.S. citizenship requirement in its hiring process for entry-level firefighters. 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. 2617 Family . On December 12, 2022, IER signed a settlement agreement with Navajo Express (Navajo) to resolve IERs reasonable cause finding that Navajo discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. On March 16, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Indrescom Security Technology Inc., resolving an allegation that the company discriminated against a work-authorized individual during the Employment Eligibility Verification Form I-9 process. On January 13, 2021, the Division signed a settlement agreement with Collabera, Inc., to resolve claims that the staffing company: 1) implemented a discriminatory applicant screening process in which its recruiters refused to pass on to clients non-U.S. citizens who held permanent work authorization unless they could provide an unexpired immigration document, in violation of 8 U.S.C 1324b(a)(1); and 2) engaged in unfair documentary practices based on citizenship status on 39 occasions between September 4, 2018 and March 31, 2019, when Collabera recruiters required non-U.S. citizens to present specific documents to prove their work authorization because of theircitizenship status in violation of 8 U.S.C. In some, cases you must complete a claims form. 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. The settlement requires Cloud Peritus to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. 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. 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. 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