On June 21, 2010, the Division signed an agreement with Macys and a Charging Party resolving claims of citizenship status discrimination during the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9. Find out how to give your team their time back with real-time tracking, automations, integrations, and more. 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. Judging by the recent jury verdicts for court cases involving work retaliation claims, even when an employee had made an employment discrimination complaint that was ruled to be completely unfounded, as long as the complaint was determined to have been made in good faith -- on a reasonable belief that discrimination had been committed, the complainant remains legally protected from retaliation from their superiors. Settlement Press Release Settlement Agreement, Secureapp Technologies, LLC (Citizenship Status) December 2022. 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. Under the agreement, Bel USA agreed to pay a civil penalty of $100,000 to the United States, change its employment eligibility verification policies and practices, train its relevant personnel involved in hiring and human resources on the INAs anti-discrimination requirements, and be subject to Division monitoring and reporting for a three-year period. 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. A federal lawsuit alleging Brownsburg schools discriminated against a former teacher who refused to address transgender students by their chosen first names will continue with claims brought under Title VII, though 11 other state and federal constitutional claims against the school district were dismissed. 1324b. On August 5, 2013, the Department of Justice issued a press release announcing that it filed a complaint with the Executive Office of Immigration Review's Office of the Chief Administrative Hearing Officer against Autobuses Ejecutivos LLC d/b/a Omnibus Express, alleging that it engaged in employment discrimination in the hiring process based on citizenship status. 1324b(a)(1). On June 19, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Rose Acre Farms, Inc., one of the largest egg producers in the country, alleging that it had engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process. Under the terms of the settlement agreement, Standard TyTape Company will pay a civil penalty, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring. The Divisions investigation revealed that Washington Potato Company had engaged in a pattern or practice of unfair documentary practices 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. The Data Entry Company (Citizenship Status) May 2015. The agreement also requires certain employees to attend training on the INAs anti-discrimination provision and ensure that trained personnel review future job advertisements. Don't wait for ugly workplace hostility to creep up, prevent it with EasyLlama's workplace training solution! National Systems America LP (Citizenship Status and Unfair Documentary Practices) January 2021. IERs investigation revealed that the Company incorrectly terminated the charging party after rejecting her unexpired Permanent Resident Card for reverification purposes. 1324b(a)(6). 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). The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. Complaint Press Release Complaint, Sellari's Enterprises, Inc. (Unfair Documentary Practices) June 2017. "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. 1324b(a)(6). 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. A printing and graphic arts company fired a female production manager after she complained about being the target of regular and continuous discrimination and sexual harassment. The list is comprised of cases filed either in a state or federal court, as well as those settled prior to commencing a lawsuit. On June 11, 2019, IER signed a settlement agreement with Sam Williamson Farms, Inc. (SWF), resolving an independent investigation into whether the company failed to consider U.S. workers, because of their citizenship status, for strawberry picking positions, in violation of 8 USC 1324b(a)(1)(B). A printing and Read on to find out what you can do if you find yourself the target of unlawful retaliation in the workplace settlements. 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. 1324b, and undergo departmental reporting and monitoring. 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. In February 2019, a state appellate court in New Jersey affirmed a $935,000 jury verdict in a retaliation case brought under New Jerseys state Law Against Discrimination. Marion County School District 103 a/k/a Woodburn School District (Citizenship Status) October 2019. Aldine Independent School District (Citizenship Status) November 2016. Settlement Press Release Settlement Agreement, Lady M Confections Co, Ltd and Lady M West Third, LLC (Citizenship Status) Novmeber 2022. 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. 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. The Divisions investigation, based on an advertisement on Respondents website, established that the Denver Sheriff Department engaged in a pattern or practice of citizenship discrimination in violation of 8 U.S.C. La Farine Bakery (Unfair Documentary Practices) November 2014. Tuscany Hotel and Casino, LLC (Unfair Documentary Practices) October 2012. Former employees at Salt Bae's restaurants allege they faced nationality-based discrimination, an Insider investigation revealed. The agreement resolves allegations that YCS discriminated against work-authorized immigrants because of their citizenship status. 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. 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. 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 May 9, 2019, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Chancery Staffing Solutions LLC, a temporary staffing agency, alleging that the company is responsible for a pattern or practice of citizenship status discrimination in violation of 8 U.S.C. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). Punitive damages are intended to punish companies financially in order to reward the victim, as well as to provide a heavy disincentive to committing employment violations in the future. For some employees, the job benefits are tied to the sum of hours worked. On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with R-Tronics, LLC, a company based in Rome, New York, which manufactures custom and prototype electronic equipment. Maricopa County Community College District (Unfair Documentary Practices) May 2011. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. Under the settlement agreement, Martin Farms agreed to offer the charging party a job and to comply with several injunctive terms to prevent future discrimination, including specialized training regarding the INAs anti-discrimination provision, which Martin Farms completed prior to executing the agreement. Tyson Foods (Citizenship Status, Unfair Documentary Practices) January 2011. Separately, Ikon will pay the $15,000 to the Charging Party. Under the settlement agreement, Mar-Jac will pay a civil penalty of $190,000, pay up to $25,000 in back pay to compensate affected employees and applicants, and will have its relevant staff participate in Division-provided training on 8 U.S.C. Gap, Inc. (Citizenship Statusand Unfair Documentary Practices) November 2021. 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. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. The Ultimate Employers Guide To Workplace Harassment, Why Diversity, Equity & Inclusion Are For All Workplaces. Settlement Press Release Settlement Agreement, Nederlander Marketing, Inc. d/b/a Broadway Direct (Citizenship Status)January 2023. The postings advertised residency positions as limited to U.S. citizens, with no legal justification for the requirement. The court also found that, in some cases, foreign-born individuals were prevented from working for the company even though they had sufficient proof of their work authorization. The settlement also requires Microsoft to stop emailing requests for documents to reverify work authorization to workers whose work authorization should not be reverified, and to allow those who do need to show their continued work authorization to provide their choice of acceptable documentation. Settlement Press Release Settlement Agreement, Walter J. Willoughby Jr., MD., Ltd (National Origin) December 2022. Settlement Press Release Settlement Agreement, Martin Farms (Citizenship Status) March 2011. On May 17, 2022, IER signed a settlement agreement with Amtex System, Inc. (Amtex) to resolve IERs reasonable cause finding that the company discriminated against the Charging Party (a U.S. citizen), and other individuals, including two lawful permanent residents, in violation 8 U.S.C. 1324b(a)(1). The company also agreed to training and monitoring requirements for a period of 18 months. 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 October 13, 2015, the Division issued a press release announcing that it filed a complaint against Nebraska Beef, Ltd., alleging that the company breached a settlement agreement that the parties entered into on August 24, 2015. The agreement resolves an allegation that the company retaliated against a work-authorized individual after he asserted his rights and privileges under 8 U.S.C. A campaign of retaliation by individuals in positions of power and based on the exercise of federally-protected rights is troublesome. 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. On January 14, 2021, the Division signed a settlement agreement with National Systems America, LP (NSA) to resolve claims based on its independent investigation into whether the company engaged in discrimination based on citizenship status in the hiring and employment eligibility verification processes in violation of 8 U.S.C. 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 settlement requires Secureapp to pay $26,000 in civil penalties, undergo training, and be subject to monitoring. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. On November 16, 2020, the Division signed a settlement agreement with the School Board of Palm Beach County resolving claims that the School District routinely asked non-U.S. citizens to provide documents issued by the Department of Homeland Security, such Permanent Resident Cards, to prove their employment eligibility, even though the individuals may have wished to present other valid documentation, such as an ID and unrestricted Social Security card. 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. Ichiba Ramen (National Origin) February 2018. 1324b(a)(6). 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. Once it learned of the conduct of its Barclay Arena restaurant through the Divisions investigation, Levy unilaterally reinstated the Charging Party, and paid him for lost wages and leave benefits. Under the settlement agreement, Holliswood will pay $1,182 in back pay to the Charging Party, and $5,000 in civil penalties to the United States. 1324b(a)(6). Conversely, the wronged employee has legal recourse in fighting it. The company also agreed to train relevant employees about the anti-discrimination requirements of 8 U.S.C. 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. Infinity Group (Unfair Documentary Practices) September 2013. Under the settlement agreement, the company will train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements. 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. Kim Hoang Coffee and Fast Food Restaurant (Unfair Documentary Practices) November 2013. On May 31, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Tuscany Hotel and Casino, LLC, alleging that it engaged in a pattern or practice of discrimination in the employment eligibility verification and reverification process. Other employees from states without employment law protections can file a claim directly with the EEOC, which can be done online as well as by mail, telephone, or fax. IERs investigation concluded that Technology Hub excluded asylees, refugees and U.S. nationals when advertising certain vacancies for only U.S. citizens and lawful permanent residents. Settlement Press Release Settlement Agreement, J.C. Penney (Unfair Documentary Practicers) June 2018. 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. Be aware of new workforce regulatory changes reguarding your industry and state. The investigation revealed that the City of Waterloo refused to consider the charging party's application on the basis of his status as a lawful permanent resident. 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. But what happens when an employee exercises their legal right to report such violations -- and their employer punishes them for it? The Divisions investigation revealed sufficient evidence to show that Respondent had a pattern or practice of requesting a List A document from newly-hired lawful permanent residents because of their citizenship status, while not making similar requests from U.S. citizens. The settlement resolves the department's claims that Culinaire violated the Immigration and Nationality Act (INA) by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility reverification process to establish their work authority. 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. 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. Chancery Staffing Solutions, LLC a/k/a TransPerfect Staffing Solutions, LLC(Citizenship Status) May 2019. INDIANAPOLIS, IN. 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. On October 15, 2015, Respondent paid its Court-ordered civil penalty of $3,200. SD Staffing (Citizenship Status) January 2014. 1324b(a)(6). The employer's actions may have caused the victim "pain and suffering" by provoking anger, humiliation, and other emotional negativity via insults, shaming, violations of trust or privacy, character assassination, etc. Llama Bites are five-minute mini-courses that offer continued compliance education essential for steady employee growth and reinforcement of positive work culture. 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 June 19, 2018, the Division signed a settlement agreement with Setpoint Systems, Inc., resolving a reasonable cause finding that the company engaged in citizenship status discrimination in violation of 8 U.S.C. On September 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with United Continental Holdings, Inc. to resolve a claim that the divisions of the company previously operating as Continental Airlines committed unfair documentary practices in violation of the antidiscrimination provision of the INA. Beauty Smart (National Origin) February 2010. On November 19, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached a settlement with McDonalds USA, LLC and its corporate affiliates and subsidiaries (McDonalds) resolving allegations that McDonalds discriminated against immigrant employees of McDonalds-owned restaurants. On December 13, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with S.W.J.J., Inc., or Sernak Farms ("Sernak"), based in, to settle allegations that Sernak engaged in citizenship status discrimination by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees. NetJets Services, Inc. (Citizenship Status) May 2016. Under the terms of the settlement agreement, USSI will pay $132,000 in civil penalties to the United States, establish a $50,000 back pay fund, and be subject to monitoring of its hiring practices by the Division for a period of two years. 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. Eastridge Workforce Solutions (Unfair Documentary Practices) August 2016. On September 26, 2014, the Justice Department reached a settlement agreement with Autobuses Ejecutivos, LLC, d/b/a Omnibus Express, a bus company located in Houston, Texas, to resolve a lawsuit filed by the department alleging the company violated the Immigration and Nationality Act's antidiscrimination provision. The EEOC filed suit in U.S. District Court for the Central District of California (Case No. Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020. Ameritech Global Inc. (Citizenship Status) August 2021. Under the settlement agreement, Chancery Staffing will pay a civil penalty of $27,000, provide back pay to victims identified during the term of the settlement agreement, and participate in Division-provided training on the anti-discrimination provision contained in 8 U.S.C. John Jay College of Criminal Justice (Unfair Documentary Practices) May 2010. 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. 1324b. On July 21, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Brand Energy and Industrial Services resolving allegations that the company had a pattern or practice of Unfair Documentary Practices by requesting Department of Homeland Security documents from newly-hired non-U.S. citizens. IERs investigations determined that Walmart rejected a Charging Partys valid state ID and unrestricted Social Security card and required her to produce a List A document because she was a lawful permanent resident. 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. The medical center has taken appropriate action to ensure compliance with INA's anti-discrimination provision, and has agreed to pay a civil penalty in the amount of $115,000 and implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status. 1324b(a)(1)(B). On the federal law level, retaliatory behavior falls under "employment discrimination" as defined by by Title VII of the Civil Rights Act of 1964, likewise enforced by the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. Randstad North America, Inc. (Unfair Documentary Practices andCitizenship Status) April 2020. In addition to injunctive, reporting and monitoring requirements, the settlement requires Scott Insurance to make $70,000 available for a back pay fund, and pay $9,500 in civil penalties. The American enterprise is a complex institution: it's geared toward employee productivity, but is undercut by "workplace harassment" and other issues that can turn it into an unhealthy/unsafe environment for workers. Anyone who has been first, discriminated against and then experienced retaliation for speaking up about it knows what an insult to injury it is! 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. During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. 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. Keep in mind also that not all changes count as illegal "retaliation". The Agency Staffing (Unfair Documentary Practices) February 2013. On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Forever 21. L.N.K. A female employee, who had been placed at the manufacturing company by a temporary agency, was fired because she complained that one of its employees had sexually harassed her. Pursuant to the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties, receive training on the anti-discrimination provision of the INA, and be subject to monitoring for one year. The Divisions underlying investigation, initiated after a referral from the E-Verify Monitoring and Compliance Unit of the Department of Homeland Security, found that Pasco human resources officials routinely requested non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility verification process. Under the settlement agreement, SD Staffing will identify and provide back pay to individuals who suffered lost wages between September 2011 and January 2014 as a result of the company's alleged discriminatory documentary practices; pay $10,500 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 two years. Facebook (Citizenship Status) December 2020. IERs investigation found that ESGW, a non-profit organization headquartered in Great Falls, MT, which also operates in Utah, Idaho and Wyoming, discriminated against an asylee by rejecting her documents that were valid proof of work authorization and demanding different documents to verify her employment eligibility, based on her immigration status.

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