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. 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. 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. The Department's investigation was based on two charges the Department received from Puerto Rican-born U.S. citizens who were asked to produce naturalization certificates to prove their citizenship, even though they are native U.S. citizens, in violation of the anti-discrimination provision of the INA. The agreement requires R.E.E. The investigation stemmed from a charge filed by a naturalized U.S. citizen who received a tentative nonconfirmation (TNC) in E-Verify, but ComForcare failed to provide the Charging Party with written notice of her TNC but instead, demanded that she produce a specific List A document (i.e., an "alien card"). On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (Clifford Chance). SMSC will also pay the worker whose discrimination complaint prompted the investigation $7,907.81 in back pay. Additionally, designated company 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 Immigration and Nationality Act (INA). The company did not utilize these additional procedures when it ran U.S. Citizens through E-Verify. The Divisions investigation established that the Aldine Independent School District (Aldine) engaged in a pattern or practice of discriminatory documentary practices based on citizenship status in violation of 8 U.S.C. terminated or failed to hire a worker who did not produce the requested List A documentation. Settlement Press Release Settlement Agreement, G4S Secure Solutions USA, Inc (Citizenship Status) March 2021. In addition, the district will receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years. In addition to injunctive, corrective action, monitoring, and reporting provisions, Igloo agreed to pay $21,000 in civil penalties and up to $40,000 in back pay to compensate qualified U.S. workers, some of whom had accepted lower-paying positions with Igloo because they were not offered the production helper job. Based on its investigation, IER found reasonable cause to believe that Clifford Chance unlawfully excluded work-authorized non-citizens and dual citizens from placement on a temporary document review project. Aldine Independent School District (Citizenship Status) November 2016. 1324b(a)(6) and hiring discrimination in violation of 8 U.S.C. On January 4, 2012, the Department of Justice issued a press release announcing it reached settlement agreement with the University of California San Diego Medical Center, resolving a complaint filed on December 6, 2011, alleging that the medical center failed to comply with proper employment eligibility verification processes for non-citizens who are authorized to work in the United States. 1324b(a)(6) when it instructed the worker to produce another DHS document. 1324b, and be subject to departmental monitoring. There were allegations that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers. v. Universal Protection Service, LP dba Allied Universal Security Services, Case No. 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. The settlement agreement requires that MJFT pay a civil penalty, train relevant employees about the requirements of 8 U.S.C. On November 29, 2021, IER signed a settlement agreement with Gap, Inc. (Gap), resolving claims that the company discriminated against certain non-U.S. citizens (including lawful permanent residents, refugees and asylees) and naturalized U.S. citizens because of their current or prior immigration status, in violation of 8 U.S.C. On September 18, 2018, IER signed a settlement agreement with Palmetto Beach Hospitality, LLC (Palmetto) resolving IERs finding that there was reasonable cause to believe the company had denied U.S. citizens employment in 2017 because it preferred to hire temporary foreign H-2B visa workers. Among other provisions, the settlement agreement requires Panda Express to pay $400,000 in civil penalties, undergo IER training on the anti-discrimination provision of the INA, and pay up to $200,000 in back pay to workers affected by the practice. The settlement resolves the department's claims that Select Staffing 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 verification process to establish their work authority. 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. 1324b, and undergo departmental monitoring for two years. 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. Specifically, IERs investigation found that the synagogue, in staffing its pre-school, discriminated against a non-U.S. citizen based on citizenship status when checking the individuals permission to work in the United States. 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. Settlement Press ReleaseSettlement Agreement, Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016. 1324b(a)(1), by refusing to hire him because of his status as a conditional Lawful Permanent Resident even though the Districts hiring committee rated him as the most qualified applicant. Holliswood Hospital (Unfair Documentary Practices) December 2012. 1324b(a)(1)(B) when it solicited applications for employment opportunities only from individuals seeking sponsorship for temporary work visas. 1324b(a)(6). On September 26, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Huber Nurseries (Huber), based on allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary visa holders over six Nepalese lawful permanent residents. The lawsuit claims the defendants . Class action lawsuits are appropriate when the damages claimed by each plaintiffthe person who's alleging wrongdoing . United Parcel Service, Inc. (Unfair Documentary Practices) April 2022. 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. 1324b(a)(6) and (a)(1). Settlement Press ReleaseSettlement Agreement, SOS Employment Group (Unfair Documentary Practices) August 2013. The agreement requires CFAI to pay $321,000 in civil penalties to the United States, train its employees on the requirements of 8 U.S.C. AllianceIT (Citizenship Status) August 2020. Omnicare Health (Citizenship Status) January 2018. The agreement requires Walter J. Willoughby Jr., MD., Ltd to pay $42,500 to the affected worker and a civil penalty to the United States. Stanislaus County (Citizenship Status) May 2019. Complaint Press Release ComplaintAmended Complaint, Tuscany Hotel and Casino, LLC (Citizenship Status, Unfair Documentary Practices) May 2012. 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. Settlement Press Release Settlement Agreement, Lady M Confections Co, Ltd and Lady M West Third, LLC (Citizenship Status) Novmeber 2022. Settlement Press Release Settlement Agreement, Masterson Staffing Solutions (Unfair Documentary Practices and Citizenship Status) January 2023. The Charging Party has full-time employment and did not seek reinstatement. The charging party, a U.S. citizen, alleged that Martin Farms rejected her job application because it was seeking to hire H-2A workers. On November 7, 2018, IER reached a settlement with MJFT Hotels of Flushing LLC (MJFT), the management company for the Hyatt Place Flushing/Laguardia Airport hotel, to resolve a complaint that the company discriminated against a work-authorized immigrant in the hiring process. Centerplate, Inc. (Unfair Documentary Practices) January 2013. 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. IERs charge-based and independent investigations found that Gap discriminated against certain workers by reverifying their permission to work, even though there was no legal reason to do so. 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. 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. Automotive Creations, Inc. (Unfair Documentary Practices) August 2019. N/A. The settlement agreement requires the Companies to, among other things, pay $159,000 in civil penalties, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and undergo departmental monitoring and reporting. Chancery Staffing will also obtain supporting documentation from clients that request a citizenship status restriction when staffing a project to help ensure that any such restriction is lawful. U.S. Service Industries (Unfair Documentary Practices) January 2015. The settlement requires Amiga to pay $24,864 in civil penalties, undergo training, and be subject to monitoring. Complaint Press Release Complaint, Security USA, Inc. (Unfair Documentary Practices) November 2020. 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. Under the settlement agreement, the company will pay a civil penalty of $220,000 to the United States. In addition, Catholic Healthcare West will (1) complete a comprehensive, internal audit of all of its facilities to uncover other instances of Unfair Documentary Practices, (2) train its recruitment personnel on their responsibilities not to discriminate, (3) promulgate and implement a policy prohibiting discrimination under the anti-discrimination provisions of the Immigration and Nationality Act, and (4) provide reports to the Department of Justice for three years. 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 February 19, 2019, IER signed a settlement agreement with Mr. Ks Used Books & CDs, Inc. (Mr. Ks) resolving a charge filed by a lawful permanent resident that the company made unnecessary and excessive document demands in violation of 8 U.S.C. This website has been established to provide general information related to this lawsuit. IERs investigation revealed that the Housing Authority, due to the Injured Partys citizenship status, requested more and different documentation from him than required, thereby refusing to honor his valid ID and unrestricted Social Security card. PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015. The company then employed only H-2A workers to do the higher-paying harvesting jobs. Voting and Election Resourceswww.vote.gov. The settlement agreement requires Clifford Chance to, among other things: 1) pay $132,000 in civil penalties; 2) train relevant employees about the requirements of 8 U.S.C. On December 29, 2010, the Department of Justice issued a press release announcing a settlement agreement with Collins Management Corporation resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). Holding Co. Inc., resolving an investigation of a pattern or practice of hiring discrimination based on citizenship status. Clifford Chance US LLP (Citizenship Status) August 2018. The Division's investigation, which was based on a referral from the Department of Homeland Security (DHS), established that the employer engaged in a pattern or practice of requiring non-citizens to produce DHS-issued List A documents in addition to non-DHS issued List B and C documents to establish identity and work authority in violation of the anti-discrimination provision of the INA. 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. Under the settlement agreement, the company will pay a civil penalty of $300,000 to the United States. On June 6, 2022, IER signed a settlement agreement with Temple Beth El to resolve IERs reasonable cause finding that it discriminated against a lawful permanent resident in violation of 8 U.S.C. Among the terms of the agreement, SKP will pay the charging party over $68,000 in front pay and back pay, receive IER training, and modify its policies as necessary. Under the terms of the settlement, Respondent will pay $16,290 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. Ichiba paid the applicant $1,760 in back wages during the investigation. Provisional Staffing Solutions (Unfair Documentary Practices) May 2017. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies. Settlement Press Release Settlement Agreement, Challenger Sports Corporation (Citizenship Status) September 2021. 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. : 34-2019-0027090 Please note that this matter is currently on appeal to the Third District Court of Appeal. Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015. 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. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012. Elmiron. On May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys Form I-9 employment eligibility verification practices. The investigation also determined that ESGW required other non-U.S. citizens to present unnecessary immigration documents to prove their authorization to work in the United States, in violation of the Immigration and Nationality Act (INA)s anti-discrimination provision. The Divisions investigation determined that after aworker complained that InMotions request for a Permanent Resident Card was discriminatory under the INA, the company removed worker from its pool of candidates available for job placement. 34-2019-00270901 NOTICE OF SETTLEMENT OF CLASS ACTION LAWSUIT To: All current and former non-exempt employees who worked at any time for Defendant in California from November 22, 2017 to February 1, 2020. 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