Class action lawsuits are appropriate when the damages claimed by each plaintiffthe person who's alleging wrongdoing . Mexico Foods, LLC (Unfair Documentary Practices) April 2014. This month's featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers. The settlement also resolved IERs reasonable cause finding that Navajo had a policy of unlawfully reverifying lawful permanent residents in violation of 8 U.S.C. 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. The department's investigation, which was initiated based on a referral from the U.S. Under the terms of the agreement Sinai will pay a civil penalty of $7,000, train relevant employees about the requirements of 8 U.S.C. On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. The settlement requires Amtex to undergo training, enhance its procedures to promote compliance with the law, undergo reporting and monitoring requirements, and pay a civil penalty. Section 1324b, and undergo departmental reporting and monitoring for 3 years. On June 24, 2021, IER signed a settlement agreement with Easterseals-Goodwill Northern Rocky Mountain, Inc. (ESGW), resolving claims that ESGW engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. On April 6, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the Respondents employment eligibility practices. Under the terms of the settlement agreement, Tuscany agreed to pay a civil penalty of $49,000 to the government and full back pay to an economic victim. American Academy of Pediatrics (Citizenship Status) May 2011. Specifically, IER concluded that Panda Express: 1) unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired, and 2) routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. On August 24, 2015, the Justice Department issued a press release announcing it signed a settlement agreement with Nebraska Beef, resolving an independent investigation of whether the company had engaged in discriminatory documentary practices based on citizenship status during the employment eligibility verification process. 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 December 23, 2022, IER secured a settlement with Walter J. Willoughby Jr., MD., Ltd. to resolve IERs reasonable cause finding that the company discriminatorily fired a longstanding employee based on her national origin, in violation of 8 U.S.C. On June 19, 2015, the Justice Department issued a press release announcing it reached settlements with PFSWeb and Prestigious Placement, two Memphis-area staffing companies. North American Shipbuilding, LLC (Retaliation) October 2015. The ITAR does not authorize or require employers to exclude asylees and refugees from consideration and hire only U.S. citizens and lawful permanent residents. 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. Settlement Press Release Settlement Agreement, Secureapp Technologies, LLC (Citizenship Status) December 2022. The Divisions investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondent 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. On September 21, 2022, IER signed settlement agreements with four employers that posted job advertisements with unlawful citizenship status restrictions, for a total of $331,520 in civil penalties. On January 17, 2017, OSC signed a settlement with J.E.T. Under the terms of the settlement agreement, Postal Express will pay a $1,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, and revise company policies to avoid discrimination in the employment eligibility verification process. The settlement requires Technology Hubs employees and agents to undergo training, pay a $12,000 civil penalty, revise its policies and procedures, and undergo monitoring for three years to ensure compliance. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not U.S. citizens, produce specific documents to establish their work authorization. 1324b(a)(6). 1324b(a)(1), when it posted online job advertisements that were facially discriminatory, excluding certain categories of protected individuals from consideration. The documentary demand that the Charging Party present a document he could not legally obtain resulted in the end of the Charging Partys employment. Additionally, the Divisions investigation concluded that the company had a pattern or practice of requiring more or additional documents than are legally required to establish work eligibility from work-authorized non-citizens. On November 23, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Sunny Grove Landscaping & Nursery, Inc. (Sunny Grove) resolving allegations that the Florida-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by routinely requesting specific DHS-issued documentation from work-authorized non-U.S. citizens during the employment eligibility verification processes while not making similar demands of U.S. citizens. On March 28, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Onward Healthcare, Inc., resolving allegations that it engaged in citizenship status discrimination against non-United States citizens by posting thousands of job listings impermissibly requiring U.S. citizenship. 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. Settlement Press Release Settlement Agreement, G4S Secure Solutions USA, Inc (Citizenship Status) March 2021. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. R.E.E., Inc. d/b/a McDonald's (Unfair Documentary Practices and Citizenship Status) August 2019. Maricopa County Community College District (Unfair Documentary Practices) May 2011. 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. On June 15, 2016, the Division signed a settlement agreement with Montgomery County Public Schools (MCPS) resolving allegations of unfair documentary practices against two work-authorized individuals based on citizenship status in violation of 8 U.S.C. Ichiba paid the applicant $1,760 in back wages during the investigation. OSC's investigation concluded that Standard TyTape Company engaged in a pattern or practice of Unfair Documentary Practices in violation of U.S.C. The settlement agreement requires NetJets to pay $41,480 in civil penalties, train its human resources staff on the anti-discrimination provision of the INA, and be subject to monitoring by the Division for a period of two years. 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. Indrescom Security Technology, Inc. (Unfair Documentary Practices) March 2012. 1324b. On October 18, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with the Arapahoe County, Colo. Office of the Sheriff resolving allegations that the Office of the Sheriff violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by improperly restricting law enforcement positions to U.S. citizens only. The department's investigation, which was initiated based on a referral from the U.S. Class Action: An action where an individual represents a group in a court claim. Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014. The Charging Party has full-time employment and did not seek reinstatement. 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. The agreement requires the companies to pay a civil penalty of $175,000 to the United States, establish a $50,000 back pay fund, train relevant personnel on avoiding discrimination in the employment eligibility verification process, make policy changes, and be subject to Division monitoring and reporting. Settlement Press Release Settlement Agreement, Cloud Peritus (Unfair Documentary Practices) May 2022. On November 16, 2017, the Division signed a settlement agreement with Washington Potato Company resolving an investigation alleging that its Form I-9 employment eligibility verification practices at the Freeze Pack facility, which it operated, violated the anti-discrimination provision of the Immigration and Nationality Act. Security Management of South Carolina, LLC (Citizenship Status) October 2020. 1324b(a)(6) by requiring non-citizens, but not U.S. citizens, to present specific types of documents as part of its employment eligibility verification process. 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. 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. INVESTMENTS PTY LTD. Thawley J. 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. Omnicare Health (Citizenship Status) January 2018. Transamerica Lawsuit Background. The lawsuit relays that Allied Universal, a security services company who employs over 800,000 workers, has used the Kronos timekeeping and payroll system since at least December 11, 2021, when the system was the target of a ransomware attack. Most of the advertisements restricted job opportunities to U.S. citizens, or U.S. citizens and lawful permanent residents. On July 20, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with United Natural Foods, Inc. (UNFI), an independent national distributor of natural, organic, specialty foods, resolving an allegation that the company committed discrimination when it impermissibly reverified the work authority of lawful permanent residents and required some non-citizen workers to provide specific Form I-9 documentation. IERs independent investigation concluded that, from at least January 1, 2015 through September 30, 2017, a Sinai human resources employee required lawful permanent residents and refugees to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens. Secure .gov websites use HTTPS 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. 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. University of California San Diego Medical Center (Unfair Documentary Practices) January 2012. On August 9, 2016, the Division issued a press release announcing it reached an agreement with Hartz Mountain Industries, Inc. to resolve the inclusion of a citizenship requirement in a particular job posting without any legal justification. Forever 21 (Unfair Documentary Practices) August 2013. BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011. 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. Igloo also agreed to implement measures intended to improve its recruitment of U.S. workers if the company seeks to hire H-2B visa holders within the next three years. Important Dates Initial Mailing: June 26, 2020 This settlement is aimed to resolve the claims of 13,500 employees and ends fifteen years of litigation. Afni, Inc. (Unfair Documentary Practices) December 2018. 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. Under the terms of the agreement Omnicare paid $3,621 in civil penalties, posted notices informing workers about their rights under the anti-discrimination provision of the Immigration and Nationality Act, agreed to train relevant staff and its contractors on those requirements, and acknowledged that it would be subject to departmental monitoring and reporting requirements for a two year period. 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. Under the settlement agreement, the companies will pay a civil penalty to the United States, pay the Charging Party back pay plus interest, and train relevant employees on anti-discrimination obligations. International, Inc. (Unfair Documentary Practices) May 2021. On September 7, 2016, the Division issued a press release announcing it reached a settlement agreement with Cumberland Staffing Inc. d/b/a Atwork Cumberland Staffing (ACS), resolving claims that it discriminated against work-authorized immigrants and naturalized U.S. citizens in violation of the anti-discrimination provision of the Immigration and National Act. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. The FDA has cautioned parents to avoid Similac, Alimentum, and . 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. On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. Abbott Baby Formula. Under the settlement agreement, ChemArt will, among other things, pay a $3,000 civil penalty to the United States, provide back pay to the worker, train its staff on the requirements of 8 U.S.C. The lawsuit alleges that Allied Universal forced Security Agents, Operations Assistants and Supervisors to work "off-the-clock" before their scheduled shifts, during meal breaks, following the completion of their scheduled hours and while traveling between posts on JFK property, among other allegations. On July 3, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Stellar Staffing, Inc., resolving allegations that the company applied heightened requirements on work-authorized non-U.S. citizens in the employment eligibility verification process. Equal Employment Opportunity Commission (EEOC) reached a global settlement agreement with American Education and Travel Services, Inc. (AETS) resolving claims that AETS violated both the INAs anti-discrimination provision and Title VII of the Civil Rights Act of 1964 when it published a job advertisement limiting applicants to U.S. citizens and native English speakers. 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. The Divisions underlying investigation found that the companies limited the documentation workers could provide to establish their work authorization based on the workers citizenship status. Lawsuit settlement has enforced American Intercontinental University to stop collecting loans it has offered to its students. Four of these advertisements sought only U.S. citizens and lawful permanent residents, thereby deterring others with permission to work in the U.S. without sponsorship, including asylees and refugees, from applying and receiving fair consideration for the employment opportunities. Randstad requested specific and unnecessary documents from lawful permanent residents to prove their work authorization, and failed to hire the charging party after rejecting her sufficient documentation. The class-action lawsuit includes drivers who owned or leased the following vehicles with 2.0-liter or 2.4-liter gasoline direct injection engines: 2011-2019 Hyundai Sonata 2013-2019 Hyundai Santa . 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. Specifically, IERs investigation found that the bakery chain requiredlawful permanent residents, including the individual who filed a charge with IER, to show a permanent resident card during the process of proving their permission to work in the United States based on information indicating their status as non-U.S. citizens. The new settlements resolve IERs reasonable cause findings that each of the four employers 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. Ichiba Ramen (National Origin) February 2018. Under the terms of the settlement agreement, LCC will pay $165,000 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. On October 6, 2020, IER signed a settlement agreement with Security Management of South Carolina, LLC (SMSC), a private security company that provides security services throughout South Carolina and Georgia. Under the agreement, Rose Acre paid a civil penalty of $70,000, agreed that staff involved in the recruiting, hiring, or employment eligibility verification process will participate in Division-provided training on the antidiscrimination provision of the Immigration and Nationality Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for two years. 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