The strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. The agreement resolved allegations that the company rejected a work-authorized individual's Employment Authorization Document (EAD), and required her to produce a Permanent Resident Card (commonly known as a "Green Card") as a condition of employment. Arapahoe County Sheriffs Office (Citizenship Status) October 2013. 1324b and undergo departmental monitoring for two years. 3 min read. MJFT Hotels of Flushing LLC (Citizenship Status) November 2018. The settlement agreement requires Olivarez Harvesting to pay the Charging Parties back pay for the missed work opportunity, pay a civil penalty to the United States, post notices informing workers of their rights, and undergo training and reporting and monitoring requirements. On April 17, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Potter Concrete, Inc., resolving allegations that the Dallas, Texas-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. Oakwood Health Promotions (Citizenship Status) December 2010. Under the settlement agreement, MCPS will pay $4,450 in back pay to each of the two charging parties and be subject to a monitoring period of one year. Under the terms of the settlement agreement, Respondent will pay $34,200 in civil penalties to the United States, pay $1,044 to compensate a worker who lost wages due to its unfair documentary practices, train relevant human resources officials in avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. Washington Potato Company (Unfair Documentary Practices) November 2016. Under the terms of the agreement, Aldine is required to, among other things, pay $140,000 in civil penalties to the United States, modify its policies and practices to conform to applicable anti-discrimination requirements, and develop and conduct a multi-year school-based educational program to train students, students parents, and employees on the rights and responsibilities of employers and employees under the anti-discrimination provision of the Immigration and Nationality Act. On July 14, 2011, the Department issued a press release announcing it filed a complaint against Mar-Jac Poultry Inc. alleging that it required all newly-hired non-U.S. citizen employees to present documents issued by the Department of Homeland Security for the Form I-9. Hoover, Inc. (Citizenship Status, Unfair Documentary Practices) November 2010. SD Staffing (Citizenship Status) January 2014. 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. Sam Williamson Farms, Inc. (Citizenship Status) June 2019. Home Care Giver Services, Inc. (National Origin) December 2011. Several types of damages can be awarded to retaliation complainants. On November 22, 2016, the Division signed a settlement agreement resolving its investigation of Aldine Independent School District. On October 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Serendipity Hearing, Inc., d/b/a Sonus Hearing Care ("Sonus"), resolving violations of 8 U.S.C. The Division had previously filed a lawsuit in December 2020 alleging that from at least January 1, 2018 to at least September 18, 2019, Facebook used recruiting methods designed to deter U.S. workers from applying to positions reserved for temporary visa holders in connection with the permanent labor certification process (PERM), refused to consider U.S. workers who applied to the positions, and hired only temporary visa holders for the positions. Training managers and supervisors on their responsibilities to maintain a retaliation-free workplace is an important step in addressing this pervasive problem and strengthening your anti-discrimination and harassment program. Of these, employees lost at least half of all cases. On October 25, 2012, the Department of Justice issued a press release announcing a settlement agreement with Advantage Home Care, LLC, formerly known as Executive Care, LLC, based in Hackensack, NJ, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents than U.S. citizens during the Form I-9 employment eligibility verification process. 1324b(a)(6) by requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the I-9 form. On January 13, 2021, the Division signed a settlement agreement with Collabera, Inc., to resolve claims that the staffing company: 1) implemented a discriminatory applicant screening process in which its recruiters refused to pass on to clients non-U.S. citizens who held permanent work authorization unless they could provide an unexpired immigration document, in violation of 8 U.S.C 1324b(a)(1); and 2) engaged in unfair documentary practices based on citizenship status on 39 occasions between September 4, 2018 and March 31, 2019, when Collabera recruiters required non-U.S. citizens to present specific documents to prove their work authorization because of theircitizenship status in violation of 8 U.S.C. 1324b(a)(6), and to ensure that relevant human resources officials participated in OSC-provided or approved training on the anti-discrimination provision of the INA. It is illegal for employers to retaliate against employees for engaging in "protected activity" of filing unlawful discrimination/ sexual harassment/hostile work environment claim with the HR, a state agency or a federal watchdog organization. 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. 1324b(a)(5). Under the agreement, Ameritech will pay a civil penalty of $10,000 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. Retaliation by an employer, by definition must come from one's "superior" and can take many forms, including: Not all cases of work retaliation are perfectly obvious or easily provable. These include: With workplace retaliation claims comprising almost half of all EEOC charges filed, organizations should reassess their efforts to reduce retaliation incidents and claims. Gala Construction, Inc. (Unfair Documentary Practices) April 2006. Crookham Company is also required to pay a civil penalty of $200,000, and be subject to department monitoring. Under the settlement agreement, Hartz is required to comply with several injunctive terms to prevent future discrimination, such as specialized training. 1324b when verifying the workers work authorization. The Division's investigation established that USSI utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. On February 20, 2018, the Division signed a settlement agreement with Food Love 125, d/b/a/ Ichiba Ramen (Ichiba), resolving a charge-based investigation. 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. 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. Aerojet Rocketdyne, Inc. (Citizenship Status) May 2021. On August 25, 2021, IER signed a settlement agreement with Ascension Health Alliance (Ascension), resolving a reasonable cause finding that Ascension discriminated against non-U.S. citizens (U.S. nationals, lawful permanent residents, asylees, and refugees) by requesting more or different documents than necessary during the employment eligibility reverification process. Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015. 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. On May 13, 2016, the Division issued a press release announcing it reached a settlement agreement with NetJets Services, Inc. ( NetJets), resolving claims that it treated non-U.S. citizens differently than U.S. citizens in violation the anti-discrimination provision of the Immigration and Nationality Act (INA) by: (1) requiring newly hired non-U.S. citizens to present specific documents to prove their employment eligibility; (2) subjecting employees who were Legal Permanent Residents to unnecessary post-employment reverification of their work authority through the production of specific documents; and (3) requiring employees who had become naturalized U.S. citizens after they were hired to produce their certificate of naturalization to establish the change in their citizenship status. 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 June 3, 2020, IER signed a settlement agreement with ChemArt, a Rhode Island manufacturing company, resolving claims that the company discriminated against a worker during the employment eligibility verification process and then retaliated against her. Tyson Foods (Citizenship Status, Unfair Documentary Practices) January 2011.
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