Professional Maintenance Management (Unfair Documentary Practices) October 2022. In addition to paying $500.00 in civil penalties and back pay to the Charging Party in the amount of $2,000.00, Beauty Smart has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and post an equal opportunity statement on its premises for a period of two years. 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. Under the agreement, DC Precision Machining will pay back pay of over $21,000 to the worker and a civil penalty of $13,400 to the United States, revise its policies and procedures, train relevant employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. The lawsuit alleges that Facebook routinely refused to recruit, consider, or hire U.S. workers for positions that it reserved for temporary visa holders in connection with the permanent labor certification process (PERM). 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. 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. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. As part of the settlement agreement, MicroLink Devices will pay $12,000 in civil penalties. 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. PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015. Under the settlement agreement, Randstad will pay a civil penalty of $135,000 to the United States, and provide $909 in back pay to the affected worker. Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015. 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. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. On March 31, 2021, the Division signed a settlement agreement with Spike Inc., a construction company headquartered in Sparks, MD. The settlement agreement resolved the Divisions independent investigation of whether the company was engaging in discriminatory Unfair Documentary Practices on the basis of citizenship status. 1324b. On December 8, 2020, the Division signed a settlement agreement with Ikon Systems, LLC, resolving claims that Ikon routinely discriminated against U.S. workers (U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, and refugees) by posting job advertisements specifying a preference for applicants with temporary work visas, and that Ikon failed to consider at least one U.S. citizen applicant who applied to a discriminatory advertisement. 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. In addition to paying a civil penalty in the amount of $110.00, back pay to the Charging Party in the amount of $5,053.03, and front pay to the Charging Party in the amount of $6,600.00, Gala Construction has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA and implement a policy prohibiting discrimination on the basis of citizenship status and national origin. Avis Budget e-Toll Related Charge Class Action Lawsuit. On November 21, 2022, the Division signed a settlement agreement with Aero Precision, Inc. (Aero Precision), a firearm manufacturer, to resolve an independent investigation into whether the company engaged in citizenship or immigration status discrimination in violation of 8 U.S.C. On August 24, 2022, IER signed a settlement agreement with A. Olivarez Harvesting, LLC (Olivarez Harvesting) to resolve IERs reasonable cause finding that the company discriminated against the Charging Parties (both U.S. citizens) based on their citizenship status in violation of 8 U.S.C. Imagine School, Inc. (Unfair Documentary Practices) May 2012. Under the settlement agreement, Hallaton will pay a civil penalty of $ 43,143 to the United States, pay up to $80,000 in back pay to affected U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. 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. The settlement agreement requires Allied Universal to, among other things, pay $194,000 in civil penalties, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and undergo department monitoring for a two-year period. Allied, one of the nation's largest security firms, contracts with . Secure .gov websites use HTTPS 1324b(a)(6) by requesting newly-hired lawful permanent residents (LPRs), but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. 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). 1324b(a)(1). Attorneys. Class-action suits against raising insurance rates are nothing new and can be traced back to the early 1990s at least, if not earlier. 1324b(a)(6). The investigation, based on a referral from the Department of Homeland Securitys E-Verify program, established that ACC engaged in a pattern or practice of discrimination in violation of 8 U.S.C. AQUESTIVE THERAPEUTICS: Robbins Geller Announces Class Action ARCH INSURANCE: Bid for Class Status Must be Filed by Oct. 20 ATHENEX INC: Robbins Geller Reminds Investors of May 3 Deadline . Transamerica Life Insurance Co. has agreed to settle a class-action lawsuit filed by policyholders who alleged it improperly increased monthly charges on their universal life insurance policies. 1324b. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. Ashford University class action lawsuit also claims that by inflating its achievement training its graduates for employment, Bridgepoint lied to shareholders and equity filings. Inc. d/b/a McDonalds (R.E.E.) resolving charge-based and independent investigations into the companys employment eligibility verification practices at McDonalds franchises in the Texas Rio Grande Valley. Under the settlement agreement, the Office of the Sheriff's employment eligibility verification practices will be subject to monitoring by the Justice Department and reporting requirements for a period of three years. 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 October 31, 2022, IER signed a settlement agreement with the Giant Company LLC d/b/a Giant Food (Giant) to resolve IERs reasonable cause finding that Giant discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents at its Royersford, Pennsylvania store to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. IERs investigation found that from April to September 2020, Aero Precision limited hiring to just U.S. citizens and lawful permanent residents, placing unnecessary hiring restrictions on its workforce in violation of the Immigration and Nationality Act. City of Eugene Police Department (Citizenship Status) August 2015. Settlement Press Release Settlement Agreement, Secureapp Technologies, LLC (Citizenship Status) December 2022. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures. 2617 Family . Under the terms of the agreement, R-Tronics will terminate its unwarranted citizenship requirement for employment, modify its employment eligibility verification policies and procedures to reflect the INA's protections, train its human resources staff about the employer's responsibilities to avoid discrimination in the employment eligibility verification process, and be subject to reporting and compliance monitoring by the department for three years. This class action suit underscores the difficulties insurance companies are having in paying out claims that were underwritten when interest rates were significantly higher than they are now. 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. 1324b and undergo departmental monitoring for 3 years. IER also determined that the Housing Authority terminated the Injured Party when he could not comply with the discriminatory request. R.E.E., Inc. d/b/a McDonald's (Unfair Documentary Practices and Citizenship Status) August 2019. The settlement agreement requires Triple H to, among other things: 1) pay $15,600 in civil penalties; 2) engage in enhanced recruiting efforts for U.S. workers, beyond what the Department of Labor's program requires; 3) set aside a back pay fund of $85,000 to provide back pay to U.S. applicants who were unfairly denied employment; 4) undergo department-provided training on the anti-discrimination provision of the INA; and 5) undergo departmental reporting and monitoring. On January 19, 2016, the Division signed a settlement agreement with Freedom Home Care and the Charging Party resolving an allegation of unfair documentary practices. Pursuant to the settlement agreement, Forever 21 will pay $1,705.50 in back pay to the charging party, pay $280 in civil penalties to the U.S., and receive training on the anti-discrimination provision. 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. The settlement requires Cloud Peritus to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. The charges alleged that Rio Grande asked the Charging Parties to produce new Permanent Resident Cards when their prior cards expired, even though this is not permitted under Form I-9 rules, and fired the two workers when they did not comply with the companys request. 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). The advertisements thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals. Clifford Chance US LLP (Citizenship Status) August 2018. On March 23, 2011, the Division reached an agreement with Martin Farms to resolve a charge of citizenship status discrimination. 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. On August 5, 2015, the Division issued a press release announcing it reached a settlement agreement with the City of Eugene, Oregon, to resolve allegations that it required applicants for police officer positions be a U.S. citizen at the time of application. Forever 21 (Unfair Documentary Practices) August 2013. 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. On June 25, 2018, IER signed a settlement agreement with J.C. Penney Corporation, Inc. (the Company) resolving a charge-based and a related independent investigation into the Companys employment eligibility verification practices nationwide. The Divisions investigation determined that Ichiba, a ramen restaurant in New York City, denied a qualified applicant employment in the summer of 2017 because it preferred to hire wait staff of Japanese or Korean national origin. Under the agreement, ACS will, among other terms, engage in corrective measures including training and ensuring review of its future job postings, and pay a civil penalty. Firearm manufacturers in the United States may be subject to the International Traffic in Arms Regulations (ITAR), which regulate specific exports of defense articles and services. 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 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. 100+ Top Class Action Lawsuits No Proof Required [2023] Check our list of all the open top class action lawsuits. Under the settlement agreement, Tecon will pay $1,542 in civil penalties to the United states, and pay $3,783.75 back pay plus $480 interest to the Charging Party. Questions? Settlement Press ReleaseSettlement Agreement, Tecon Services, Inc. (Unfair Documentary Practices) June 2021. As part of the settlement agreement, the company will pay $7,158 in back pay to two identified victims and $6,400 in civil penalties. American Academy of Pediatrics (Citizenship Status) May 2011. Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. IERs investigation concluded that the District discriminated against a teacher applicant, in violation of 8 U.S.C. 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. Northgate Gonzalez Markets, Inc (Unfair Documentary Practices) December 2020. Isabella Geriatric Center (Unfair Documentary Practices) August 2014. On May 28, 2019, IER reached a settlement agreement with WesPak Inc. to resolve IERs reasonable cause determination that the agricultural company unnecessarily required lawful permanent residents to re-prove their work authorization when their original documents expired, even though their original documents such as Permanent Resident Cards -- demonstrated the workers permanent authorization to work in the United States. 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. As part of the settlement agreement, Canvas Corporation will pay $10,397 to an identified victim of its discriminatory policies, and $13,400 in civil penalties. 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. The Divisions investigation, based on a charge filed by a lawful permanent resident, established that a California branch office of 1st Class Staffing, LLC, requested that non-citizens, but not citizens, provide more, different or specific documents to establish their work authority. 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. 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. 1324b, and to ensure that relevant human resources officials participated in specialized OSC-approved or provided training on the anti-discrimination provision of the INA. Bacchi v. Massachusetts Mutual Life Insurance Company, filed as a class action in which Plaintiff contends that MassMutual retained profits that it was required to distribute as dividends to its participating policyholders. 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, El Rancho will identify and provide back pay to individuals who suffered lost wages between April to July 2013, as a result of the company's alleged discriminatory documentary practices; pay $43,000 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 eighteen months. The investigation also uncovered evidence that El Rancho routinely requested a specific work authority document from lawful permanent residents during the initial employment eligibility verification process even though under the law employees are allowed to choose what documents to present. Under the terms of the settlement agreement, 1st Class Staffing is required to pay the charging party back pay in the amount of $720, pay the United States civil penalties in the amount of $17,600, review and revise its employment eligibility verification policies and practices, ensure that all its staff participate in Division-sponsored internet-based training, and be subject to monitoring for one year. On October 27, 2021, IER signed a settlement agreement with Priority Construction, Inc., a construction company headquartered in Baltimore, MD. 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. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with SOS Employment Group. 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. The company will also work with the department to identify and pay back pay to additional potential victims that suffered economic harm as a result of the practice. 24 December 2019. The lawsuit against Allied Universal highlights several issues including lack of adequate security measures, inadequate training and supervision, failure to ensure that the required documentation was kept, wrongful termination, negligent supervision, and failure to make good on promised overtime. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012. 1324b(a)(6) at the Pasco Processing facility. resolving a reasonable cause finding that the companys employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act. The Divisions amended complaint alleged that from at least June 2009 until at least December 22, 2011, Rose Acre engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. Eligibility: Canadian resident as of May 25, 2016 who purchased the PC version of Microsoft's Word, Excel, Office, Works Suite, or Home Essentials, MS-DOS or Windows operating system between December 23, 1998 and March 11, 2010. Settlement Press Release Settlement Agreement, Gap, Inc. (Citizenship Statusand Unfair Documentary Practices) November 2021. University of California San Diego Medical Center (Unfair Documentary Practices) December 2011. Under the terms of the settlement agreement, Advantage home Care will pay $1,633 in back pay to the charging party, and $46,575 in civil penalties to the United States. DIRECTV LLC: Federal Judge Dismisses TCPA Class Action Lawsuit DISCOVER FINANCIAL: Bid to Compel Arbitration in B&R Suit Pending DROPBOX INC: Settlement . Under the terms of the settlement, Mortons agreed to provide back pay in the amounts of $2,880 and $5,715.62 to two employees, pay a $2,200 civil penalty to the U.S. Treasury, and train Mortons Portland employees on federal protections for workers against citizenship status and national origin discrimination. 1324b (a) (1) On January 19, 2011, the Division signed an agreement with Tyson Foods and a Charging Party resolving allegations by the Charging Party that Tyson Foods engaged in citizenship status discrimination during the employment eligibility verification process in violation of 8 U.S.C. On December 20, 2019, the Division signed a settlement agreement with Adecco USA Inc. (Adecco), resolving investigations into the companys employment eligibility verification policies and practices. April 8, 2020. On December 12, 2022, IER secured a settlement with Secureapp Technologies, LLC (Secureapp) to resolve IERs reasonable cause finding that the company engaged in a pattern or practice of hiring discrimination based on citizenship status, in violation of 8 U.S.C 1324b(a)(1)(B). To see the list, click the direct. (DJ# 197-39-150), Microsoft Corporation (Citizenship Status) December 2021. On October 17, 2016, the Division signed a settlement agreement resolving its investigation of American Cleaning Company (ACC). In addition, two advertisements sought only applicants with Optional Practical Training status, a temporary work authorization status given to certain non-U.S. citizen students in the United States. Section 1324b(a)(6) by: (1) engaging in a pattern or practice of incorrectly reverifying non-U.S. citizens who presented a Social Security card at initial hire, based on their citizenship or immigration status; and (2) requiring at least seven permanently work-authorized non-U.S. citizens to produce specific documents for reverification purposes based on their citizenship or immigration status, but did not make similar requests to U.S. citizens. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in back pay. Under the terms of the settlement agreement, La Farine will pay $26,000 in back pay and other compensation to the Charging Party, and $300 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period. 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. Allied Universal security officers, agents, guards, professionals, supervisors, and managers, as well as operations assistants in New York have been underpaid for their regular hours and overtime for the last six years, Griffith charges. Collabera, Inc. (Citizenship Status and Unfair Documentary Practices) January 2021. 1324b(a)(6). A judge overseeing a class-action lawsuit filed against General Motors over issues with its Cadillac CUE system has dismissed certain claims from plaintiffs, but will allow others to proceed. Settlement Press Release Settlement Agreement, Panda Restaurant Group, Inc. (Unfair Documentary Practices) June 2017. The company also agreed to train relevant employees about the anti-discrimination requirements of 8 U.S.C. 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. Advantage Home Care will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for three years. On December 3, 2020, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Facebook, Inc., alleging Facebook discriminated against U.S. workers (U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents) in its recruitment and hiring practices, in violation of 8 U.S.C. 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. Under the settlement agreement, AllianceIT was not required to pay a civil penalty, but is required to continue to train its employees on the requirements of the INAs anti-discrimination provision and to be subject to departmental monitoring and reporting requirements. The settlement agreement requires the School District to pay the teacher applicant $5,774.81 in monetary damages; $5,543 in civil penalties to the United States; and be subject to departmental monitoring, training, and reporting requirements for a three-year period. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. Chancery Staffing Solutions, LLC a/k/a TransPerfect Staffing Solutions, LLC(Citizenship Status) May 2019. On July 27, 2020, IER signed a settlement agreement with ASTA CRS, Inc., based in Ashburn, VA, resolving claims that ASTA had imposed unlawful citizenship-status restrictions in a job advertisement. The settlement agreement requires Ichiba to pay $2,000 in civil penalties, to undergo Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act, revise its policy, and be subject to Division reporting requirements. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. 1324b when verifying the workers work authorization. As part of the settlement agreement, Garland has agreed to pay $10,000 in back pay civil penalties to the United States, and it has consented to training and reporting obligations. 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. The Divisions investigations concluded that R.E.E. IBM further agreed to revise its hiring and recruiting procedures and train its human resources personnel to ensure compliance with the INA, and to be subject to reporting requirements for a period of two years. Section 1324b, and undergo departmental reporting and monitoring for 3 years. Allied Universal provides integrated security services that combine security personnel, technology, and a variety of professional services, to give our clients a flexible and scalable approach to securing their businesses. The agreement requires R.E.E. Adaequare, Inc. (Citizenship Status) March 2021. 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