The Divisions investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondents had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. 1324b(a)(1). 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. Advertising. On August 5, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Isabella Geriatric Center (IGC), a nursing home in New York City, resolving an allegation that the company engaged in a pattern or practice of citizenship status discrimination during the employment eligibility reverification process in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). Oakwood Health Promotions (Citizenship Status) December 2010. 1324b, and train its staff on the requirements of 8 U.S.C. On April 21, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SK Food Group, Inc., a company headquartered in Seattle, Washington, resolving claims that the company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). 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. Mexico Foods, LLC (Unfair Documentary Practices) April 2014. 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. 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 April 7, 2020, the Division reached a settlement agreement with Taiyo International Inc. (Taiyo), a Minnesota-based company that develops, produces, and sells various food and pharmaceutical ingredients, resolving an investigation into whether Taiyo retaliated against a work-authorized individual because the worker asserted her rights under 8 U.S.C. Attorneys. American Academy of Pediatrics (Citizenship Status) May 2011. IERs investigation also found that Scott Insurance committed unfair documentary practices against the Charging Party, a lawful permanent resident, when it specifically asked for his Permanent Resident Card (PRC) to assess his employment eligibility, then rejected that valid document, in violation of 8 U.S.C. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. In doing so, Secureapp deterred protected individuals (including U.S. citizens and nationals, lawful permanent residents, refugees, and asylees) from applying to the 12 advertisements. 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. On January 17, 2017, OSC signed a settlement with J.E.T. Specifically, IER found that PMM asked lawful permanent residents to show their permanent resident cards (sometimes known as green cards), and asylees and refugees to show their employment authorization documents (sometimes known as work permits), to prove their permission to work. 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. 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 Divisions investigation found that between December 2015 and February 2016, ACSs Cookeville office created and published a job posting stating that applicants for machine operator positions at a client company must present a U.S. birth certificate, even though there was no legal authorization for such requirement. Commercial Cleaning Systems (Unfair Documentary Practices) June 2014. The settlement also resolves claims that SMSC discriminated against non-U.S. citizens by restricting security officer positions in Georgia to U.S. citizens without a legal basis. Under the settlement agreement, the companies will, among other things, pay a $56,500 civil penalty to the United States for the citizenship status discrimination, establish a $55,000 back pay fund for affected workers, train their staff on the requirements of 8 U.S.C. On September 11, 2012, OSC filed a complaint asserting that Estopy Farms, a Texas cotton farm, committed citizenship status discrimination when it preferred a visaholder over a U.S. citizen. ComForcare In-Home Care & Senior Services (Citizenship Status) December 2012. 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. Under the terms of the settlement, Argosy and EDMC agreed to provide full back pay in the amount of $7,100 to the lawful permanent resident, modify their policy on employing foreign nationals to require equal treatment of work authorized non-citizens, and train Argosy employees on federal protections for workers under the INAs anti-discrimination provision. The investigation also established that the Charging Party was denied employment as a direct result of the discriminatory documentary practices. IERs independent investigation found that the company declined to consider U.S. workers for its seasonal production helper positions based on an assumption that U.S. workers would not want temporary work, and hired H-2B visa holders instead. IERs investigation of the former employees charge determined that an SKP human resource staffer told the former employee that SKP would not rehire him because he had previously stated that he would file a discrimination complaint to challenge what he believed was SKPs unfair rejection of his Form I-9 documentation. This settlement is aimed to resolve the claims of 13,500 employees and ends fifteen years of litigation. The Court found that GHC violated the Immigration and Nationality Act (INA) when it required foreign-born job applicants and employees to produce more, different, and specific documents to prove their employment eligibility verification, while native-born U.S. citizens were allowed to produce the documentation of their choice. The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. 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. The Divisions investigation concluded that that the companies routinely required specific Form I-9 identity and work authorization documents from newly hired lawful permanent resident employees based on their citizenship status but did not impose a similar requirement on U.S. citizens. Select Staffing (Unfair Documentary Practices) August 2014. Around the Clock Dispatch, Inc. (Retaliation) July 2021. On October 10, 2017, ECBAWM filed a federal discrimination and sexual harassment complaint on behalf of LaDonna Powell, a 32-year-old black woman formerly employed as a supervisor for Allied Universal Security Services (Allied) at John F. Kennedy International Airport (JFK). 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. Allied Universal Holdco, LLC (Unfair Documentary Practices) September 2019. Milestone Management Company (Unfair Documentary Practices) April 2013. Under the settlement agreement, the company will train its employees on anti-discrimination obligations, and be subject to departmental reporting requirements. NSD2168/2019 external link RAYMOND BOULOS v M.R.V.L. Whiz will also undergo training by the Department of Justice and has agreed not to discriminate against any employee on the basis of national origin or citizenship status. City of Waterloo, IA (Citizenship Status) January 2014. 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. 34201900270901, in California Superior Voting and Election Resourceswww.vote.gov. Master Klean Janitorial (Unfair Documentary Practices) May 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. Complaint Press Release Complaint, Sellari's Enterprises, Inc. (Unfair Documentary Practices) June 2017. The reporting requirements require, among other things, providing information pertaining to the companys efforts to recruit domestic applicants for positions if it seeks foreign laborers through the H-2A program. Travel Management Company (Citizenship Status) August 2014. 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 6, 2019, the Division signed a settlement agreement with Onin Staffing, LLC (Onin), resolving a claim arising from its investigation into the companys Form I-9 and E-Verify practices in McAllen, Texas. Amtex Systems, Inc (Citizenship Status) May 2022. The case settled prior to the Justice Department filing a complaint in this matter. 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. Even though E-Verify found that all of Bianchis non-U.S. citizen employees had permission to work, by only subjecting them to E-Verify, Bianchi imposed an additional burden on them in the hiring process because of their citizenship or immigration status. 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