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 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. 1324b(a)(6). The Division's investigation established that the Office of the Sheriff improperly restricted law enforcement positions to U.S. citizens notwithstanding the fact that no law, regulation, executive order or government contract authorized it to restrict employment in this manner. 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. As part of the settlement agreement, BAE has agreed to pay $53,900 to the United States and be subject to training and reporting obligations. Feltham and her husband, Mathieu A. Leonelli, (collectively, plaintiffs) filed a lawsuit alleging Villegas's employer, Universal Protection Service, LP, erroneously sued as Allied Universal Corporation (Allied), was liable for Villegas's negligence. 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. On May 31, 2011, the Department of Justice issued a press release announcing a settlement agreement with the American Academy of Pediatrics (AAP), resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting hiring to U.S. citizens and certain visa holders, even though other work-authorized individuals should have been allowed to apply. Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015. U.S. Service Industries (Unfair Documentary Practices) January 2015. (Unfair Documentary Practices) March 2018. The settlement requires Amiga to pay $24,864 in civil penalties, undergo training, and be subject to monitoring. Under the settlement agreement, the company will pay a civil penalty of $300,000 to the United States. Under the terms of the settlement, Respondent will pay $120,000 in civil penalties to the United States, train relevant recruiting staff on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. Tuscany Hotel and Casino, LLC (Unfair Documentary Practices) October 2012. 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. On December 19, 2018, the Division reached a settlement agreement with Sinai Health System (Sinai) to resolve a reasonable cause finding that Sinai violated the anti-discrimination provision of the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens during the employment eligibility verification process. 2019: private lawsuit-state $5,600,000: Allied Universal Security Services: wage and hour violation: 2020: private lawsuit-federal $2,520,000: 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. SEC Lawsuit The Allied World LPL policy states that Allied World must "defend any Claim seeking Damages covered under this Policy." Policy V.C.1. Around the Clock Dispatch, Inc. (Retaliation) July 2021. 1324b(a)(1)(B). 1324b, and train its staff on the requirements of 8 U.S.C. IERs investigation concluded that the company, which recruits workers for other entities, engaged in discrimination in the hiring or recruitment/referral for a fee processes by considering only applicants who were U.S. citizens and lawful permanent residents when filling a job for a client. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. Under the agreement, Sunny Grove will pay $7,500 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. 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. Additionally, designated company personnel will be required to undergo training by the Office of Special Counsel to learn about employers responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA). 1324b(a)(1). Allied Universal provides integrated security services that combine security personnel, technology, and a variety of professional services, to give our clients a flexible and scalable approach to securing their businesses. The companies screened out U.S. citizens with dual citizenship and non-U.S. citizens with work authorization from an Arnold & Porter document review project. Settlement Press Release Settlement Agreement Complaint Press Release Complaint, Restwend, LLC (Citizenship Status) April 2011. The settlement also resolves claims that the company routinely discriminated against lawful permanent residents by asking them for more or different documents than legally required to demonstrate their continuing permission to work, although they had already provided documents showing permanent work authorization. Under the terms of the settlement agreement, Advantage home Care will pay $1,633 in back pay to the charging party, and $46,575 in civil penalties to the United States. Settlement Press Release Settlement Agreement, J.C. Penney (Unfair Documentary Practicers) June 2018. Following the parties settlement, on October 18, 2018, the tribunal dismissed the matter. The agreement resolves allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by limiting its practices to U.S. citizens. 2019 - KUSI News Allied Universal's San Diego, CA branch held a hiring event for veterans. The settlement requires Giant to undergo training, make policy changes, alter its onboarding software, be subject to monitoring, and pay a civil penalty. The agreement requires R.E.E. On May 9, 2022, IER signed a settlement agreement with Cloud Peritus, Inc. to resolve IERs reasonable cause finding that Cloud Peritus discriminated against the Charging Party, a lawful permanent resident, in violation of 8 U.S.C. The Department's investigation was based on two charges the Department received from Puerto Rican-born U.S. citizens who were asked to produce naturalization certificates to prove their citizenship, even though they are native U.S. citizens, in violation of the anti-discrimination provision of the INA. On October 27, 2021, IER signed a settlement agreement with Priority Construction, Inc., a construction company headquartered in Baltimore, MD. 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. v. Universal Protection Service, LP dba Allied Universal Security Services, Case No. On June 8, 2010, the Division signed a settlement agreement with Aquatico Pool Management of Sugarland, Texas resolving a charge by a lawful permanent resident of discrimination during the Form I-9 process. On October 13, 2017, the Division signed a settlement agreement with a restaurant resolving a charge-based investigation into the companys employment eligibility verification practices. 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. The Agency Staffing (Unfair Documentary Practices) February 2013. Paramount Staffing (Unfair Documentary Practices) September 2013. CitiStaff Solutions, Inc.and CitiStaff Management Group, Inc. (Unfair Documentary Practices) October 2017. 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. Argosy University (EDMC) (Citizenship Status, Retaliation) May 2010. 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. On August 17, 2021, IER signed a settlement agreement with Ameritech Global, Inc (Ameritech), resolving a reasonable cause finding that Ameritech 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 failing to consider at least three U.S. worker applicants who nevertheless applied to the advertised positions. 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. A .gov website belongs to an official government organization in the United States. On November 4, 2021, IER signed a settlement agreement with Rehrig Pacific Company (Rehrig), resolving a reasonable cause finding that the company discriminated against a lawful permanent resident during the Form I-9 reverification process. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Paramount Staffing resolving an allegation that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requesting more or different documents from individuals during the employment eligibility verification processes based on the individuals' 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 August 5, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Isabella Geriatric Center (IGC), a nursing home in New York City, resolving an allegation that the company engaged in a pattern or practice of citizenship status discrimination during the employment eligibility reverification process in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). 1324b. This class action suit underscores the difficulties insurance companies are having in paying out claims that were underwritten when interest rates were significantly higher than they are now. 1324b(a)(1)(B); and (2) on numerous occasions, requested copies of Permanent Resident Cards to confirm the citizenship status and work authorization of candidates who identified themselves as lawful permanent residents during the applicant screening process, in violation of 8 U.S.C. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and also agreed to provide a handout to newly-hired workers explaining their employment rights under the INA. 1324b, and be subject to departmental monitoring and reporting requirements. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. 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. On December 3, 2012, the Department of Justice issued a press release announcing a settlement with ComForcare In-Home Care & Senior Services (ComForcare) a small home care provider based in Tigard, Oregon. 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. La Farine Bakery (Unfair Documentary Practices) November 2014. According to the settlement agreement in U.S. District Court in Los Angeles, Transamerica will pay up to $88 million in account value . 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. 1324b(a)(6). 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. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. 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. Ameritech Global Inc. (Citizenship Status) August 2021. Avant Healthcare Professionals, LLC (Citizenship Status) February 2013. Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014. Under the terms of the settlement agreement, North American Shipbuilding will pay a $1,750 civil penalty to the United States; offer to pay the charging party $15,000 in back pay in exchange for a release of claims; submit to training by the Office of Special Counsel; and take other remedial measures. The Division's investigation established that Constructor Services utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Under the terms of the settlement agreement, Macys will, among other provisions, pay a civil penalty of $8,700, be subject to OSC monitoring, and will give additional training for its Glendale human resources personnel. 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. 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. SK Food Group, Inc. (Unfair Documentary Practices) April 2014. 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. The Charging Party has full-time employment and did not seek reinstatement. The Data Entry Company (Citizenship Status) May 2015. The Division initiated the investigation after a former employee contacted the office and stated Kelly Services requested him to produce a new U.S. 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. Eastridge Workforce Solutions (Unfair Documentary Practices) August 2016. Under the terms of the settlement agreement, IGC will pay $14,500 in civil penalties, establish a back pay fund to compensate potential economic victims, undergo training by OSC, and revise its reverification practices. Pinnacle Logistics (Unfair Documentary Practices and Citizenship Status) November 2020. DIRECTV LLC: Federal Judge Dismisses TCPA Class Action Lawsuit DISCOVER FINANCIAL: Bid to Compel Arbitration in B&R Suit Pending DROPBOX INC: Settlement . Oakwood agreed to compensate the individual for lost wages totaling $732, pay a $1,100 civil penalty and train its human resources employees regarding compliance with the anti-discrimination provision. Perspective Talent, LLC (Citizenship Status) November 2019. On September 9, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kelly Services, Inc., resolving an allegation of citizenship status discrimination in the employment eligibility re-verification process. Chancery Staffing Solutions, LLC a/k/a TransPerfect Staffing Solutions, LLC(Citizenship Status) May 2019. Under the agreement, Rose Acre paid a civil penalty of $70,000, agreed that staff involved in the recruiting, hiring, or employment eligibility verification process will participate in Division-provided training on the antidiscrimination provision of the Immigration and Nationality Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for two years. On November 15, 2021, IER signed a settlement agreement with Igloo Products Corp. (Igloo) addressing claims that the company discriminated against U.S. workers because of a preference to hire H-2B visa holders for certain positions in its Katy, Texas location, in violation of 8 U.S.C. Mr. K's Used Books & CDs, Inc. (Unfair Documentary Practices) February 2019. The company also agreed to train its human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and be post an equal opportunity statement on its website for a period of three years. On October 16, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Constructor Services Inc. resolving violations of 8 U.S.C. 1324b(a)(6). 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. Arapahoe County Sheriffs Office (Citizenship Status) October 2013. 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 investigation stemmed from a charge filed by a naturalized U.S. citizen who received a tentative nonconfirmation (TNC) in E-Verify, but ComForcare failed to provide the Charging Party with written notice of her TNC but instead, demanded that she produce a specific List A document (i.e., an "alien card"). Even though E-Verify found that all of Bianchis non-U.S. citizen employees had permission to work, by only subjecting them to E-Verify, Bianchi imposed an additional burden on them in the hiring process because of their citizenship or immigration status. Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. In a related bilateral agreement between the company and the Charging Party, Giant agreed to pay the Charging Party $18,000 in back pay. Under the settlement agreement, the company will train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements. North American Shipbuilding, LLC (Retaliation) October 2015. A Honda infotainment lawsuit settlement has been preliminarily approved for these vehicles. 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. IERs investigation revealed that Afni rejected a lawful permanent residents valid Form I-9 documents on more than one occasion, and requested more or different documents based on her citizenship status, both of which are unfair documentary practices in violation of 8 U.S.C. In addition, Catholic Healthcare West will (1) complete a comprehensive, internal audit of all of its facilities to uncover other instances of Unfair Documentary Practices, (2) train its recruitment personnel on their responsibilities not to discriminate, (3) promulgate and implement a policy prohibiting discrimination under the anti-discrimination provisions of the Immigration and Nationality Act, and (4) provide reports to the Department of Justice for three years. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. Additionally, SpringShine will train relevant staff and submit to monitoring. The judgment from the suit is for all the members of the group (class). The settlement also requires LNK to train employees on the requirements of the INAs anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years. Ross Stores, Inc. (Unfair Documentary Practices) March 2012. 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). 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. IERs investigation found that UPS discriminated against a newly hired lawful permanent resident in Jacksonville, Florida, by asking him for his Permanent Resident Card and work visa, to prove his permission to work, even though he had already shown his drivers license and unrestricted social security card, which were sufficient proof. Under the terms of the settlement agreement, MCA Transportation will pay a $660 civil penalty, undergo training by OSC, and be subject to a reporting period of three years. 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. United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. Powerstaffing, Inc. (Unfair Documentary Practices) June 2016. v. Universal Protection Services LP d/b/a Allied Universal Security Services Class Action Lawsuit. 1324b(a)(1). 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. 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. 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