Crop Production Services, Inc. (Citizenship Status) September 2017. The settlement agreement provided for various remedies, including $83,600 in civil penalties, $20,000 in back pay for any injured parties, training, and monitoring. Atwork Cumberland Staffing (Citizenship Status) September 2016. The anti-discrimination provision of the INA does not permit employers to express or imply a preference for temporary visa holders over U.S. workers. 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 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. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. Case No. This month's featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers. 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. 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. 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. On January 7, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Centerplate, Inc., to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. The Divisions investigation revealed that the restaurant had a pattern or practice of requesting immigration documents from non-citizens to confirm citizenship status information the workers provided in Section 1 of the Form I-9, while not making similar requests to U.S. citizens. Settlement Press Release Settlement Agreement, DC Precision Machining, Inc. (Unfair Documentary Practices) September 2021. The Charging Party has full-time employment and did not seek reinstatement. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. WesPak Inc. (Unfair Documentary Practices) May 2019. MicroLink Devices (Citizenship Status) August 2012. 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. On January 15, 2016, the Division signed a settlement agreement with Rio Grande Pak Foods, Ltd, a poultry processor, resolving two charges alleging that the company committed unfair documentary practices. Neither of these citizenship status requirements were required to comply with Oregon law and thus the investigation found that the City of Eugene violated the INA's anti-discrimination provision. Eligibility: Canadian resident as of May 25, 2016 who purchased the PC version of Microsoft's Word, Excel, Office, Works Suite, or Home Essentials, MS-DOS or Windows operating system between December 23, 1998 and March 11, 2010. Under the terms of the settlement agreement, Kelly Services will pay $1,888.60 in back pay to the injured party, $1,100 in civil penalties, and receive training on the anti-discrimination provision of the INA. The department's investigation confirmed that SD Staffing requested unnecessary documents to work-authorized non-U.S. citizens, but not to similarly-situated U.S. citizens. The company then sought and received permission to hire 63 H-2B visa workers for these jobs by claiming that it could not find qualified and available U.S. workers. at 65 B. Marcus and The attorneys discussed the employers responsibilities and obligations under the anti-discrimination provision of the INA. On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. 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. Under the terms of the settlement, West Liberty Foods is required to pay $52,100 in civil penalties to the United States, ensure that relevant human resources officials participate in IER-provided training on avoiding discrimination in the employment eligibility verification process, post notices to employees on their rights under 8 U.S.C. InMotion Software, LLC (Retaliation) October 2017. Under the settlement agreement, the company will pay a civil penalty of $34,200 to the United States and train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) September 2014. Gamewell Mechanical 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. The Divisions investigation found that from at least March 2014 until at least September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes, but did not make those requests of U.S. citizens. Complaint Press Release ComplaintAmended Complaint, Tuscany Hotel and Casino, LLC (Citizenship Status, Unfair Documentary Practices) May 2012. Under the settlement agreement, the company will pay a civil penalty of $300,000 to the United States. . IER found that Gaps reliance on an electronic human resource management system contributed to the companys discriminatory conduct. 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. 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. The investigation showed that U.S. citizens were permitted to provide documentation of their choice. NSD2168/2019 external link RAYMOND BOULOS v M.R.V.L. On August 17, 2020, IER signed a settlement agreement with AllianceIT, based in Pleasanton, CA, resolving a reasonable cause that AllianceIT engaged in recruiting discrimination based on citizenship status in violation of 8 U.S.C. Settlements with 4 More Employers -- CarMax, Axis Analytics, Capital One Bank and Walmart -- That Used Georgia Institute of Technologys Job Recruitment Platforms (Citizenship Status) September 2022. Brickell Financial Services Motor Club, Inc. d/b/a Road America Motor Club, Inc. (Unfair Documentary Practices) April 2017. CytoSport and Muscle Milk: False Advertising If you bought certain CytoSport or. Typically, members of a class action lawsuit must all have been harmed in the same way by a defective product or some other actionable offense. On June 15, 2021, IER signed a settlement with Tecon Services, Inc. resolving a reasonable cause finding that the company engaged in an unfair documentary practice based on national origin, in violation of 8 U.S.C. IER also determined that Gap discriminated against some non-U.S. citizens by requesting that they provide specific documents to confirm that they still had permission to work. Advertising. 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. 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. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. AQUESTIVE THERAPEUTICS: Robbins Geller Announces Class Action ARCH INSURANCE: Bid for Class Status Must be Filed by Oct. 20 ATHENEX INC: Robbins Geller Reminds Investors of May 3 Deadline . IER also concluded that on at least one occasion Technology Hub discriminated against U.S. workers when it advertised a job seeking only H-1B visa workers. N/A. (Unfair Documentary Practices) March 2018. 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 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 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. The Divisions charge-based investigation determined that, contrary to Omnicares own policies, the Omnicare contractor failed to refer the asylees application for employment to a an Omnicare hiring manager for consideration because the applicant was not a U.S. citizen or permanent lawful resident. Mortons Steakhouse (Citizenship Status, Unfair Documentary Practices) June 2010. 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. On November 16, 2017, the Division signed a settlement agreement with Washington Potato Company resolving an investigation alleging that its Form I-9 employment eligibility verification practices at the Freeze Pack facility, which it operated, violated the anti-discrimination provision of the Immigration and Nationality Act. 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). Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014. On June 23, 2022, IER signed a settlement agreement with SpringShine Consulting, Inc. to resolve IERs reasonable cause finding that the company discriminated against U.S. workers based on their citizenship status in violation of 8 U.S.C. Under the proposed settlement, Allied would pay a gross settlement amount of $ 2,520,000, including $ 740,000 in attorney's fees, $ 70,000 in costs, a $ 20,000 service award for Douglas, and $ 52,000 in employer-side taxes, with a net settlement amount of $ 1,638,000. Without proof of purchase $9.75 per household. Honda Aircraft Company, LLC(Citizenship Status) February 2019. routinely requested specific List A Form I-9 documents from newly hired non-U.S. citizen employees on the basis of their citizenship status but did not make similar requests of U.S. citizens. 1324b(a)(6). On February 9, 2006, the Division signed a settlement agreement with Kmart Corporation resolving allegations of unfair documentary practices during the employment eligibility verification process in violation of the INAs anti-discrimination provision. School Board of Palm Beach County (Unfair Documentary Practices) November 2020. 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. Allied Universal and the Regional Transportation District on Monday settled the lawsuit filed in April by Raverro Stinnett, who was waiting for a train on April 20, 2018, at Union Station. On February 2, 2017, the Division signed a settlement agreement, previously signed by Levy, requiring Levy to pay $2,500 in civil penalties to the United States, train its relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting requirements for two years. In an Order issued August 13, 2015, (11 OCAHO no. Under the settlement agreement, SK Food Group will identify and provide back pay to individuals who suffered lost wages between July 2012 to the present, as a result of the company's alleged discriminatory documentary practices; pay $40,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year. Both companies do business as Allied Universal, she says. 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. The Divisions investigations concluded that R.E.E. The Data Entry Company (Citizenship Status) May 2015. Specifically, IERs investigation found that the IT consulting company asked the Charging Party to produce more documents to assess his employment eligibility after he had already provided sufficient documentation, based on his citizenship status. Indrescom Security Technology, Inc. (Unfair Documentary Practices) March 2012. Easterseals-Goodwill Northern Rocky Mountain, Inc. (Unfair Documentary Practices) June 2021. OCAHO found that OSC had demonstrated that the U.S. citizen was qualified for the job, and that Estopy Farms shifting explanations for denying the U.S. citizen employment were a pretext for prohibited citizenship and immigration status discrimination. Back in December 2020, a class action lawsuit was filed against HP in a district court in Northern California. Taiyo International Inc. (Retaliation) April 2020. Settlement Press Release Settlement Agreement, Masterson Staffing Solutions (Unfair Documentary Practices and Citizenship Status) January 2023. As part of the settlement agreement, the company will pay $7,158 in back pay to two identified victims and $6,400 in civil penalties. On November 21, 2022, the Division signed a settlement agreement with Aero Precision, Inc. (Aero Precision), a firearm manufacturer, to resolve an independent investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. IERs investigation found that the company asked the three lawful permanent residents to show specific documents to prove their permission to work in the United States rather than giving them a choice as to which acceptable documentation to show, based on their citizenship status. On August 15, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Real Time Staffing Services, LLC, doing business as Select Staffing, a company based in Santa Barbara, California. These non-U.S. citizen employees often presented documents that did not require reverification of employment eligibility. On May 16, 2011, the Department of Justice issued a press release announcing a settlement agreement with Maricopa County Community College District resolving allegations that it engaged in a pattern or practice of Unfair Documentary Practices against non-U.S. citizens in the hiring and employment eligibility verification process. Settlement Press Release Settlement Agreement Back Pay Survey, Bel USA, LLC (Unfair Documentary Practices) July 2020. On June 25, 2018, IER signed a settlement agreement with J.C. Penney Corporation, Inc. (the Company) resolving a charge-based and a related independent investigation into the Companys employment eligibility verification practices nationwide. In March 2020, the medical practice credited the coworkers accusations without investigating them and agreed to terminate the employee on that basis. On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. 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. Walmart reinstated the Charging Party and provided her with $1,944 in back wages. Under the settlement agreement, Crop Production Services paid a civil penalty of $10,500, agreed that staff involved in the hiring process for the El Campo location would participate in Division-provided training on the antidiscrimination provision of the Immigration and Naturalization Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for up to two years. Iflowsoft, LLC (Citizenship Status) May 2011. 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. The department's investigation revealed that the company requested lawful permanent resident employees, but not U.S. citizen employees, to complete additional Forms I-9 and provide additional proof of employment eligibility after hire even though the INA prohibits this. In addition to paying $500.00 in civil penalties and back pay to the Charging Party in the amount of $2,000.00, Beauty Smart has agreed to train all 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 post an equal opportunity statement on its premises for a period of two years. 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. In contrast, Walmart permitted U.S. citizens to produce state IDs and unrestricted Social Security cards. On May 19, 2010, the Division signed a settlement agreement with the John Jay College of Criminal Justice in New York, New York resolving a charge by a Charging Party of discrimination during the Form I-9 process. Under the terms of the settlement agreement, the Respondent will pay $320,000 in civil penalties, provide back pay to an economic victim, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period. 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. 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. Settlement Press Release Settlement Agreement, JMJ Talent Solutions, Inc. (Unfair Documentary Practices) May 2022. The Divisions investigation, based on a charge filed by a lawful permanent resident, established that Levys Barclay Arena restaurant improperly reverified the continued work authority of two permanent residents, required those work-authorized non-citizens to present specific types of documents to confirm their continued work authority, and suspended one of those non-citizens (the Charging Party) when he was unable to present the required specific document. On August 31, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Louisiana Crane & Construction (LCC) resolving violations of 8 U.S.C. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures. BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011. 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. 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. Omnicare Health (Citizenship Status) January 2018. 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. 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