Security Management of South Carolina, LLC (Citizenship Status) October 2020. Stanislaus County (Citizenship Status) May 2019. 1324b(a)(1)(B) when it solicited applications for employment opportunities only from individuals seeking sponsorship for temporary work visas. NEW ORLEANS - U.S. Security Associates, Inc., a security company doing business as Conshohocken, Pa.-based Allied Universal, has agreed to pay a uniformed security guard $110,000 to settle a lawsuit brought by the U.S. On December 28, 2020, the Division signed a settlement agreement with Northgate Gonzalez Markets, Inc., and Northgate Gonzalez Financial, LLC d/b/a Prospera Gonzalez (collectively Northgate), resolving a claim that Northgate asked a worker with asylum status for a specific, DHS-issued document to reverify his employment eligibility and rejected his attempt to present his unrestricted Social Security card, resulting in his termination. Pinnacle Logistics (Unfair Documentary Practices and Citizenship Status) November 2020. The tribunal did not resolve some liability and remedies issues, which the parties continued to litigate following the March 2017 liability finding. 1324b(a)(6). On June 27, 2016, the Division issued a press release announcing it reached an agreement with Crookham Company to resolve a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. 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. SD Staffing (Citizenship Status) January 2014. Class-action suits against raising insurance rates are nothing new and can be traced back to the early 1990s at least, if not earlier. Under the terms of the settlement agreement, Postal Express will pay a $1,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, and revise company policies to avoid discrimination in the employment eligibility verification process. Allied Universal and Universal Protection Service, LLC have been hit with a proposed class and collective lawsuit out of federal court in Pennsylvania alleging the defendants broke the Fair Labor Standards Act and several state laws. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products. Crop Production Services, Inc. (Citizenship Status) September 2017. 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. 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. City of Eugene Police Department (Citizenship Status) August 2015. 1324b(a)(6) and (a)(1). On February 18, 2020, the Division signed a settlement agreement with Chancery Staffing Solutions LLC, aka TransPerfect Staffing Solutions, a legal staffing company headquartered in New York, NY. CFA Institute (CFAI) (Citizenship Status) February 2019. Triple H Services, Inc. (Citizenship Status) June 2018. IERs investigation also found that the company engaged in a pattern or practice of requesting specific documents from non-U.S. citizens for employment eligibility verification because of their citizenship status. The department's investigation, which was initiated based on a referral from the U.S. On December 6, 2011, the Department of Justice issued a press release announcing that it filed a complaint against the University of California San Diego Medical Center, the largest hospital system in San Diego County, alleging that it engaged in a pattern or practice of discrimination in the Form I-9 employment eligibility verification and reverification processes by requesting non-citizen employees to provide specific documents as a condition of employment. Following an OSC hotline intervention, the university offered the job to the charging party, but not before a manager at the university allegedly reprimanded the charging party for contacting OSC. On January 22, 2019, G4S Secure Solutions (previously known as Wackenhut Corporation) agreed to resolve a consolidated meal and rest period class action for at least $100 million and up to $130 million. On June 1, 2009, the Division reached a settlement agreement with Hine Nurseries, Inc., a California corporation, to resolve allegations of citizenship status discrimination in violation of INAs anti-discrimination provision. 1324b(a)(1), when it posted online job advertisements that were facially discriminatory, excluding certain categories of protected individuals from consideration. Specifically, IER concluded that Panda Express: 1) unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired, and 2) routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. It's designed for situations in which several people have suffered similar injuries as a result of a defendant's actions. (Unfair Documentary Practices) March 2018. On December 16, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Home Care Giver Services, Inc., a provider of home services in southern Florida, alleging that it discriminated against one of its employees when it terminated her based on her national origin. 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. On July 6, 2020, the Division signed a settlement agreement with Bel USA LLC, resolving claims that Bel USA, located in Miami-Dade County, Florida regularly required work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens, to provide specific Department of Homeland Security-issued employment eligibility documents during the employment eligibility verification process because of their citizenship or immigration status. Tidrick is the law firm that is handling the settlement case, not the claimant in the class action lawsuit. 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. Amtex is an IT recruitment company that, among other things, identifies candidates for third parties who are seeking IT professionals. Under the terms of the settlement agreement, Indrescom agrees to pay $7,000 in back pay to the charging party, train its human resources personnel about employers' responsibilities to avoid discrimination in the employment eligibility verification process, and to be subject to reporting and compliance monitoring requirements for three years. Under the terms of the settlement, Masterson Staffing will pay a civil penalty of $250,000 to the United States, and make $100,000 available for a back pay fund to compensate victims of Masterson Staffings alleged discriminatory practices. On February 4, the Division signed a settlement agreement with Sunlight Inc. d/b/a Beauty Smart in Raleigh, North Carolina, resolving a charge by a Charging Party of national origin discrimination during the Form I-9 process. Under the agreement, Ascension will pay a civil penalty of $84,832 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements three-year term. 1324b(a)(1). 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. When the Charging Party informed the ComForcare that, as a naturalized citizen, she did not possess an alien card, the ComForcare demanded naturalization papers establishing her work authority, notwithstanding her production of lawfully acceptable documents establishing work authorization. Settlement Press Release Settlement Agreement, Panda Restaurant Group, Inc. (Unfair Documentary Practices) June 2017. The Divisions investigations concluded that R.E.E. 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. The Divisions underlying investigation revealed that Respondents had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. The class action was settled for $409,936,100. Whiz International, LLC (Retaliation) May 2012. The Departments independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for vacancies. The settlement agreement requires that MJFT pay a civil penalty, train relevant employees about the requirements of 8 U.S.C. 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. Rehrig Pacific Company (Unfair Documentary Practices) November 2021. 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. 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). The department's investigation, which was initiated based on a referral from the U.S. On May 27, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Luis Esparza Services, Inc. Under the settlement agreement, ChemArt will, among other things, pay a $3,000 civil penalty to the United States, provide back pay to the worker, train its staff on the requirements of 8 U.S.C. Under the agreement, Ikon will pay a civil penalty of $27,000 to the United States, revise its policies and procedures, train relevant employees and agents on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. 1324b(a)(1)(B). Under the terms of the settlement agreement, Tuscany agreed to pay a civil penalty of $49,000 to the government and full back pay to an economic victim. Amiga Informatics, Inc. (Citizenship Status) February 2023. UNIVERSAL PROTECTION SERVICE, LP, and DOES 1 through 100, inclusive, Defendants. Class action lawsuits are appropriate when the damages claimed by each plaintiffthe person who's alleging wrongdoing . On March 31, 2021, IER signed a settlement agreement with G4S Secure Solutions USA Inc., resolving claims that the company engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. IERs investigation found reasonable cause to believe that a component of the school unnecessarily beenrequiring certain workers to re-establish their work authorization based on the citizenship status of those individuals at initial hire. 1324b, and be subject to departmental monitoring. 1324b(a)(1)(B) and (a)(6). On October 15, 2019, IER entered into a settlement agreement with Marion County School District 103, aka Woodburn School District, resolving a charge-based investigation under the anti-discrimination provision of the Immigration and Nationality Act. 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. SK Food Group, Inc. (Unfair Documentary Practices) April 2014. Under the agreement, SWF agreed to pay $60,000 in civil penalties to the United States, make up to $85,000 available for back pay to U.S. workers, engage in enhanced recruitment efforts for U.S. workers, participate in IER-provided training on the anti-discrimination provision of the INA, and undergo departmental reporting and monitoring for three years. Settlement Press Release Settlement Agreement, JMJ Talent Solutions, Inc. (Unfair Documentary Practices) May 2022. The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008. Among other things, the agreement required iGate to refrain from placing employment advertisements that specifically encouraged or otherwise suggested a preference for applications from non-immigrant foreign workers, and to pay $45,000 in civil penalties. Case No. Abbott Baby Formula. The settlement agreement provided for various remedies, including $27,750 in civil penalties, training, and monitoring. 1324b(a)(1)(B). . OSC found that YCS required non-U.S. citizens, but not similarly situated U.S. citizens, to present additional and unnecessary documentation to establish their employment eligibility. 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. Learn more about a Bloomberg Law subscription, Log in to access all of your BLAW products, Four employees accept companies offers of judgment, Suits proposed class claims dismissed without prejudice. 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. Some of the residency programs are required to pay a civil penalty, totaling $141,500; AACPM is also required to pay a civil penalty of $65,000, and to refund the charging party fees the charging party paid to use the online service containing the discriminatory postings. On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. 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. Home Care Giver Services, Inc. (National Origin) December 2011. The company recruits employees using a foreign company as its agent, and directly hires them to perform IT work for NSA clients. Woulfe and Rosza are seeking at least $5 million (4.1m) from Universal in the case, which has been filed as a class action on behalf of other disappointed fans. 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. Additionally, the Department will monitor Ross Stores' compliance with the agreement for eighteen months and train the appropriate store officials on the anti-discrimination provision of the Immigration and Nationality Act. IERs investigation determined that Masterson Staffing routinely 1) required non-U.S. citizens to provide more, different, or specific Form I-9 documents, because of their citizenship or immigration status, and 2) requested more documents than necessary from certain lawful permanent residents, by unnecessarily reverifying their permission to work. Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring. 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. Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015. Under the agreement, Eastridge will, among other terms, pay $175,000 in civil penalties to the United States and submit to training and compliance monitoring. Specifically, IERs investigation found that the bakery chain requiredlawful permanent residents, including the individual who filed a charge with IER, to show a permanent resident card during the process of proving their permission to work in the United States based on information indicating their status as non-U.S. citizens. Settlement Press Release Settlement Agreement Complaint Press Release Complaint, Restwend, LLC (Citizenship Status) April 2011. Huber Nurseries (Citizenship Status) September 2013. The Divisions investigation determined that from at least Feb. 1, 2019, to March 11, 2019, Spike discriminated against four U.S. workers by failing to consider them for temporary mover positions. On March 3, 2017, a tribunal found Mar-Jac liable for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. City of Waterloo, IA (Citizenship Status) January 2014. Settlement Press ReleaseSettlement Agreement, Tecon Services, Inc. (Unfair Documentary Practices) June 2021. Travel Management Company (Citizenship Status) August 2014. On November 10, 2020, the Division signed a settlement agreement with Fleetlogix, Inc. (Fleetlogix) resolving claims that the company routinely asked the non-U.S. citizens it hired in Phoenix to provide documents issued by the Department of Homeland Security, such as I-94s with refugee/asylee annotations, or Permanent Resident Cards, to prove their employment eligibility. Apple has reached a tentative settlement in a class-action lawsuit filed in 2019 by a group of U.S. app developers who asserted that Apple engaged in anticompetitive practices in relation. 1324b. On June 10, 2015, OCAHO granted OSCs motion for summary decision against Estopy Farms. Under the terms of the settlement, Respondents will pay a combined $115,000 in civil penalties to the United States, pay up to $30,000 in back pay to injured parties, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. 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. The settlements require the 16 employers to pay civil penalties totaling $832,944 in civil penalties, as listed below, and each must undergo training and change its recruiting practices to avoid future discriminatory postings: SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware, SpringShine Consulting (Citizenship Status) June 2022. The Divisions investigation concluded that that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens. On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Forever 21. Atwork Cumberland Staffing (Citizenship Status) September 2016. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. The settlement agreement requires the Company to, among other things, pay $14,430 in civil penalties, pay $11,177.60 in back pay to the charging party, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. Among other provisions, the settlement agreement requires UCSD to pay $4,712.40 in civil penalties and to undergo IER training on the anti-discrimination provision of the INA. The settlement requires Temple Beth El to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. 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