Settlement 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. Taking an employer to court may require hiring an experienced employment lawyer. The EEOCs Enforcement Guidance on Retaliation and Related Issues offers tips to help organizations reduce the risk of retaliation violations and costly settlements. Additionally, Diversified Maintenance Systems will participate in OSC and USCIS-sponsored training regarding the anti-discrimination provision of the INA and proper E-Verify procedures. The Complaint alleges that a related entity, Gulf Coast Workforce, LLC, is also responsible for these practices. Under the agreement, Adecco is required to, among other things, pay a civil penalty of $ 67,778 to the United States, train relevant personnel on avoiding discrimination, ensure that their Form I-9/E-Verify software complies with federal requirements, and be subject to Division monitoring and reporting. On April 9, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Milestone Management, LLC, to resolve allegations that the company improperly required lawful permanent residents to produce unexpired resident alien cards when their documents expired, despite their presentation of proper documentation upon their hiring, but did not require U.S. citizens to present unexpired documents. Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012. In 2017, almost 49% of all EEOC filings involved workplace retaliation. Types of Retaliation Lawsuits. The company further agreed to revise its hiring and recruiting procedures, train its human resources personnel to ensure compliance with the INA, and be subject to reporting requirements for a period of two years. On September 30, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Generations Healthcare, a healthcare provider with skilled nursing facilities throughout California, alleging that it engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on naturalized U.S. citizens and non-U.S. citizens in order to work in the U.S. Kinro Manufacturing, Inc. (Unfair Documentary Practices) August 2011. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigation found that from June 20, 2014, until at least December 15, 2015, Powerstaffing had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. The Divisions investigation found that MDCPS required non-U.S. citizens to produce more documents than necessary for the purpose of verifying their employment eligibility, but did not make those requests of U.S. citizens. 1324b(a)(1) and (a)(6). On December 22, 2010, the Department entered into a settlement agreement with Oakwood Health Promotions resolving allegations that its Ashville, N.C., facility unlawfully discriminated against a lawful permanent resident by rejecting her employment eligibility verification documents and rescinding an offer of employment. Training all managers and supervisors on your anti-retaliation policy.
Settlements Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. If you can prove your employer has committed On January 23, 2018, the Division signed a settlement agreement with Omnicare Health, resolving a reasonable cause determination that at least one Omnicare contract recruiter engaged in citizenship status discrimination against an asylee in violation of 8 U.S.C. Specifically, IERs charge-based investigation found that Around the Clock suspended the worker for three days without pay because he called IER to ask for help addressing a concern about the companys process for verifying his work authorization. On December 3, 2020, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Facebook, Inc., alleging Facebook discriminated against U.S. workers (U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents) in its recruitment and hiring practices, in violation of 8 U.S.C. On January 31, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Houston Community College to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. 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 company recruits employees using a foreign company as its agent, and directly hires them to perform IT work for NSA clients. 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. Gala Construction, Inc. (Unfair Documentary Practices) April 2006. 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. 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. IERs investigation showed that one of the companys recruiters, without prior notice to senior company officials, had placed a facially discriminatory job posting on Dice.com, for a Java Junior Developer (ONLY OPTs who can work on W2). During the course of IERs investigation, however, the company took a number of unilateral steps like additional staff training and changes in its job posting approval process to protect against future violations of the INAs anti-discrimination provision. On July 2, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Vincent Porcaro, Inc. (VPI) to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. Amtex is an IT recruitment company that, among other things, identifies candidates for third parties who are seeking IT professionals. The EEOC specifies that engaging in protected activity "does not shield an employee from all discipline or discharge" and that " employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences". West Liberty Foods, L.L.C. The company mistakenly believed that the worker had provided an Employment Authorization Document for hire, and when the document expired, the company violated 8 U.S.C. The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. "calling immigration" on a subordinate), Discrimination against employee's family in business dealings (for example, pull out of a contract with the employee's sibling to spite them), Getting switched to an undesirable schedule that conflicts with the employee's family responsibilities, Unfavorable work recommendation with potential employers, The Fair Labor Standards Act (protects employees who file claims for back pay), The Occupational Safety and Health Act (OSHA) (protection for whistleblowers on health and safety violations), The National Labor Relations Act (protects union organizing activity), enforcing administrative and judicial civil rights laws with businesses, providing education and technical assistance to the potential victims of unfair employment practices. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012. The agreement resolved allegations that the company rejected a work-authorized asylee, at both initial hire and when subsequently re-verifying the refugee's employment authorization, rejected the employee's valid driver's license and unrestricted Social Security card and required him to produce an Employment Authorization Document (EAD).
However, if an employee didn't get a highly competitive promotion months after filing a sexual harassment complaint with the HR, it may be difficult to establish retaliatory conduct on this singular fact alone, as the employee may have simply lost the promotion to someone objectively better qualified for the job. "Retaliation" (also known as "reprisal") is a form of revenge/counterattack for perceived "wrongs". Designated company human resources and managerial 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 INA. 1324b(a)(1). Security Management of South Carolina, LLC (Citizenship Status) October 2020. Under the agreement, Pinnacle Logistics agreed to pay a civil penalty to the United States and $7,641 in back pay to the asylee, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. The settlement agreement requires that Mrs. Fields pay a civil penalty of $26,400, train relevant employees about the requirements of 8 U.S.C. After subjecting the employee to months of derogatory comments and jokes based on her Mexican heritage, the coworkers fabricated a false accusation against the employee that played into national origin stereotypes to oust her from the workplace. 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. 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. Under the agreement, Culinaire will pay $20,460 in civil penalties to the United States, set aside a fund of $40,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for 20 months. 1324b(a)(1)(B). Employment lawsuits and claims are the most significant and most time-consuming losses that a business will face. 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. Onward Healthcare, Inc. (Citizenship Status) March 2012. On October 11, 2017, the Division reached a settlement agreement with InMotion Software, LLC, a Texas-based software development recruiter, resolving an investigation into whether the company retaliated against a work-authorized individual because a worker asserted her rights under 8 U.S.C. IERs investigation found that the company initially offered the Charging Parties crop harvesting jobs, but then falsely told them that the harvesting work was no longer available and instead offered them warehouse packing jobs with a lower hourly wage. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay. 1324b(a)(6). Participation means taking part in an employment discrimination proceeding. On May 14, 2010, the Division reached a settlement agreement with Valley Crest Landscape Companies and Charging Parties resolving allegations of hiring discrimination based on citizenship/immigration status based due to a claimed preference on the part of Valley Crest to hire non-immigrant foreign workers under the H-2B visa program rather than U.S. workers. On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the companys hiring practices. On April 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas resolving claims that the company engaged in Unfair Documentary Practices discrimination in violation of the Immigration and Nationality Act (INA). 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. 1324b. 1324b(a)(1)(B).
Discrimination 1324b(a)(6). The department's investigation, which was initiated based on a referral from the U.S. The Data Entry Company (Citizenship Status) May 2015. Reduce the risk of workplace sexual harassment with award-winning, online compliance training. On July 27, 2020, IER signed a settlement agreement with ASTA CRS, Inc., based in Ashburn, VA, resolving claims that ASTA had imposed unlawful citizenship-status restrictions in a job advertisement. 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. On October 17, 2019, the Division signed a settlement agreement with MUY Brands, LLC and MUY Consulting, Inc. resolving an investigation into the companies employment eligibility verification (Form I-9 and E-Verify) practices at Taco Bell franchises in the mid-Atlantic region. Under the agreement, Rehrig will pay a $1,542 civil penalty, train its employees on proper Form I-9 procedure, and be subject to departmental reporting requirements. As part of the settlement agreement, AAP will pay $22,000 in civil penalties to the government. U.S. Service Industries (Unfair Documentary Practices) January 2015. On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. R-Tronics, LLC (Citizenship Status) December 2012. The Divisions investigation established that Aquatico withdrew the Charging Partys offer of employment when he presented a restricted Social Security card (with the notation valid for work only with DHS authorization) in addition to his Permanent Resident Card during the form I-9 process. EEOC recovered just over $106 million for charging parties and The Divisions investigation made a reasonable cause finding that from January 1, 2018 to July 30, 2020, LNKs Human Resources department engaged in a pattern or practice of: (1) requesting specific documents from lawful permanent residents to prove their citizenship status, and (2) requiring asylees and refugees to provide Employment Authorization Documents during the employment eligibility reverification process in violation of 8 U.S.C. Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring. On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. Under the agreement, Valley Crest agreed, among other things, to modify its recruitment and hiring policy to eliminate any preference for foreign workers, and to pay $11,173 in back pay to a U.S. citizen who applied but was not hired for a job subsequently filled by a H-2B visa holder. As part of the settlement agreement, Garland has agreed to pay $10,000 in back pay civil penalties to the United States, and it has consented to training and reporting obligations. Specifically, IERs investigation found that General Motors engaged in a pattern or practice of unfair documentary practices from at least July 1, 2019, until May 21, 2021, by requesting non-U.S. citizen new hires to provide more or different documents than the law required to establish their permission to work in the United States, based on their citizenship status. Under the settlement agreement, the company will pay a civil penalty of $5,204 to the United States, pay $13,930 in back pay to the Charging Party, train relevant employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental monitoring. 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. 1324b(a)(5). Certain retaliatory conduct is also under the protections of the following pieces of federal legislature: Some US states have state laws that recognize retaliation claims, if those claims are rooted in violations of "public policy", which include allegedly illegal acts, environmental hazards, violations of safety regulations, and violations of internal business protocol. Settlement Press Release Settlement Agreement, Life Generations Healthcare, LLC d/b/a Generations Healthcare (Unfair Documentary Practices) December 2014. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Houston Community College (Unfair Documentary Practices) January 2013. 1324b, and comply with departmental monitoring requirements for two years. The Divisions investigation found that Nebraska Beef required non-U.S. citizens, but not similarly-situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility, in violation of 8 U.S.C. The settlement agreement provided for various remedies, including back pay for any injured parties, training, monitoring, and a civil penalty of $250,000. 3 min read. 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. With these claims, it is more important than ever for every workplace to implement an anti-retaliation trainingprogram. Under the agreement Commercial Cleaning Systems will pay $53,500 in civil penalties to the United States, set aside a fund of twenty five thousand dollars ($25,000) to compensate work-authorized individuals who suffered economic damages, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year. 1324b(a)(6). Under the settlement agreement, El Rancho will identify and provide back pay to individuals who suffered lost wages between April to July 2013, as a result of the company's alleged discriminatory documentary practices; pay $43,000 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 eighteen months. Oakwood Health Promotions (Citizenship Status) December 2010. Isabella Geriatric Center (Unfair Documentary Practices) August 2014. The settlements resolve IERs reasonable cause findings that each employer discriminated against college students by posting at least one unlawful job advertisement on job recruitment platforms used by the Georgia Institute of Technology including a citizenship status restriction. Conversely, the wronged employee has legal recourse in fighting it. Additionally, the Divisions investigation concluded that the company had a pattern or practice of requiring more or additional documents than are legally required to establish work eligibility from work-authorized non-citizens. Specifically, IERs charge-based investigation found that Tecon rejected the U.S. Passport presented by the Charging Party, a naturalized U.S. citizen originally from Venezuela, for the Form I-9, and demanded more or different documentation in order to establish work authorization based on her national origin in violation of 8 U.S.C. 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. On July 23, 2020, IER signed a settlement agreement with Arnold & Porter Kaye Scholer LLP (Arnold & Porter), a national law firm, and Law Resources, Inc. (Law Resources), a Washington, D.C.-based legal staffing company resolving claims that Law Resources, at Arnold & Porters direction, imposed unauthorized citizenship status restrictions. 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. Specifically, IERs investigation found that from at least May 8, 2019, to September 21, 2019, Ikon posted at least eight job advertisements for information technology (IT) positions that solicited applications from non-U.S. citizens with immigration statuses associated with certain employment-based visas and, in so doing, harmed U.S. workers by unlawfully deterring or failing to fairly consider them for hire, including the Charging Party. Adaequare, Inc. (Citizenship Status) March 2021. The lawsuit alleges that from at least April 4, 2017, to at least July 7, 2017, TransPerfect Staffing Solutions LLC discriminated against non-U.S. citizens and dual U.S. citizens in staffing a temporary document review project for a client, and that Chancery Staffing Solutions LLC is liable for the discrimination as its successor. (DJ# 197-39-150), Microsoft Corporation (Citizenship Status) December 2021. United Continental Holdings, Inc./United Airlines, Inc. (Unfair Documentary Practices) September 2014. 1324b(a)(1)(B). Under the terms of the settlement, Respondents are required to pay $225,750 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. NetJets Services, Inc. (Citizenship Status) May 2016. 1324b. Northgate Gonzalez Markets, Inc (Unfair Documentary Practices) December 2020. On August 13, 2021, the Division signed a settlement agreement with JP Senior Healthcare and JP Senior Management resolving an IER reasonable cause finding that the two related companies improperly rejected a new employees valid California drivers license and unrestricted Social Security card and demanded that the employee instead present a Permanent Resident card, based on the companies belief that the Charging Party who is Latino was not a U.S. citizen. 1324b and engaged in retaliation when the Permanent Resident refused to present the requested document in violation of 8 U.S.C. Stellar Staffing, Inc. (Citizenship Status) July 2013. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. 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. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. 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. 1324b.
Retaliation Discrimination Centerplate, Inc. (Unfair Documentary Practices) January 2013. On April 10, 2023, IER signed a settlement agreement with Destin Wings, LLC d/b/a Hooters of Destin (Destin Wings) to resolve IERs reasonable cause finding that Destin Wings discriminated against Charging Party when it rejected Charging Partys acceptable documents for the Form I-9 and required Charging Party to present documentation she could not present due to her citizenship status. Patriot Staffing & Services (Unfair Documentary Practices) July 2014. The settlement agreement requires the company to pay the electrician over $24,500 in front pay/back pay, train relevant employees about the anti-discrimination requirements of 8 U.S.C. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid. Please note that if you have submitted a claim for back pay compensation under the settlement agreement between IER, Arnold & Porter, and Law Resources, you can expect to receive a determination regarding your claim no later than August 2021.