The Divisions investigation concluded that that the company routinely required specific Form I-9 documents from non-U.S. citizens employees, based on their citizenship status. This month's featured class-action settlements showcase a wide range of companies that have agreed to pay out high-dollar settlements to consumers. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not U.S. citizens, produce specific documents to establish their work authorization. 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. This settlement is aimed to resolve the claims of 13,500 employees and ends fifteen years of litigation. 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, Aero Precision (Citizenship Status) November 2022. CitiStaff Solutions, Inc.and CitiStaff Management Group, Inc. (Unfair Documentary Practices) October 2017. Just two days after the Zapata Hernandez death, a man who said he was assaulted by MTS and Allied officers in February 2018 settled a federal lawsuit for $150,000, court records show. 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. 1324b(a)(6). On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. 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 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. 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. LF Staffing Services, Inc. (National Origin, Unfair Documentary Practices) April 2011. Other names for lawsuits brought by a number of people who suffered similar harm or losses are "mass tort litigation" and "multi-district litigation" ("MDL"). On October 6, 2017, the Division signed a settlement agreement with CitiStaff Solutions, Inc., a Los Angeles-area staffing agency, and a related entity CitiStaff Management Group, Inc., (together, CitiStaff) resolving an investigation into the companys employment eligibility verification (Form I-9 and E-Verify) practices. On February 1, 2019, the Division reached a settlement agreement with Honda Aircraft Company, LLC (Honda Aircraft) to resolve a reasonable cause finding that Honda Aircraft violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by refusing to consider or hire work-authorized non-U.S. citizens because of their citizenship status. Amtex is an IT recruitment company that, among other things, identifies candidates for third parties who are seeking IT professionals. SK Food Group, Inc. (Unfair Documentary Practices) April 2014. Crop Production Services, Inc. (Citizenship Status) September 2017. 34201900270901, in California Superior On October 11, 2017, the Division reached a settlement agreement with InMotion Software, LLC, a Texas-based software development recruiter, resolving an investigation into whether the company retaliated against a work-authorized individual because a worker asserted her rights under 8 U.S.C. Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016. 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 December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order. 1324b. Travel Management Company (Citizenship Status) August 2014. Collabera, Inc. (Citizenship Status and Unfair Documentary Practices) January 2021. 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. 1324b(a)(6). In March 2020, the medical practice credited the coworkers accusations without investigating them and agreed to terminate the employee on that basis. Voting and Election Resourceswww.vote.gov. On January 17, 2017, OSC signed a settlement with J.E.T. IERs investigation, which began after the worker filed a charge, determined that ChemArt unlawfully requested a specific immigration document from the worker based on her perceived citizenship status and then withdrew her job offer after she opposed the document request. Among other things, the agreement required Kmart to pay the charging party $13,800 in back pay to the Charging Party, pay $14,000 in civil penalties to the United States, and ensure that relevant human resources personnel participate in training on the anti-discrimination provision of the INA. The investigation also determined that the company incorrectly believed that it could only hire U.S. citizens to fill 12 mechanic positions, so it did not let the Charging Party and other non-U.S. citizens apply for jobs in its Jupiter, Florida location. Official websites use .gov Under the agreement Patriot Staffing & Services, LLC will pay the Charging Party a sum of $2500.00 in back pay to compensate her for the economic damages suffered, $500 in civil penalties to the United States, and ensure all human resource personnel involved in hiring and employment eligibility verification participate in an OSC provided training webinar. On December 7, 2021, the Division signed a settlement with Microsoft Corporation that resolved claims that the company discriminated based on citizenship status against non-U.S. citizens. On September 25, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Infinity Group (IG), resolving allegations of Unfair Documentary Practices in the employment eligibility verification process. Law Resources will pay an additional $3,000 civil penalty for its retaliation and offer $11,875 in back pay to the Charging Party. Class action lawsuits are appropriate when the damages claimed by each plaintiffthe person who's alleging wrongdoing . On May 27, 2021, the Division signed a settlement agreement with LNK International, Inc. (LNK), New York-based manufacturer of over-the-counter pharmaceuticals. Settlement Press ReleaseSettlement Agreement, Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016. Akeya Griffith filed the case against Allied Universal Security Services LLC and subsidiary Universal Protection Services LLC in federal court July 25 on behalf of herself and similarly situated workers. School Board of Palm Beach County (Unfair Documentary Practices) November 2020. The company did not utilize these additional procedures when it ran U.S. Citizens through E-Verify. On September 9, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kelly Services, Inc., resolving an allegation of citizenship status discrimination in the employment eligibility re-verification process. 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. The settlement also resolves claims that Law Resources separately retaliated against the worker whose charge prompted IERs investigations by placing her on a do not use list after she objected to the projects citizenship status restriction. Under the agreement, HACU agreed to modify its policies and practices to ensure that all individuals would be treated equally without regard to citizenship, immigration status, or national origin during HACUs recruitment and hiring process, and to ensure that relevant human resources personnel participated in OSC-approved or provided training on the anti-discrimination provision of the INA. City of Eugene Police Department (Citizenship Status) August 2015. IERs investigation concluded that the company, which recruits workers for other entities, engaged in discrimination in the hiring or recruitment/referral for a fee processes by considering only applicants who were U.S. citizens and lawful permanent residents when filling a job for a client. Avant Healthcare Professionals, LLC (Citizenship Status) February 2013. The Divisions investigation concluded that the companys South Plainfield branch violated the Immigration and Nationality Act by routinely discriminating against lawful permanent residents based on their citizenship status, including the charging party, when verifying their work authorization. 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. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. 1324b(a)(6). On February 8, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Avant Healthcare Professionals to resolve allegations that the company engaged in a pattern or practice of citizenship status discrimination by posting job advertisements impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. Maricopa County Community College District (Unfair Documentary Practices) May 2011. On August 17, 2021, IER signed a settlement agreement with Ameritech Global, Inc (Ameritech), resolving a reasonable cause finding that Ameritech 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 failing to consider at least three U.S. worker applicants who nevertheless applied to the advertised positions. Both lawsuits have reached a settlement and as part of that, Uber has agreed to pay $20,000,000 and will change certain policies that affect . The settlements resolve IERs reasonable cause findings that each employer 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. IERs investigation found that G4S, a security services company based in Jupiter, Florida, rejected the Charging Partys valid Permanent Resident Card and Form I-797 extending its validity, and requested a new Permanent Resident Card to verify his work authorization, because of his status as a Lawful Permanent Resident. In addition to publicizing the unlawful restrictions in the advertisements, the platforms excluded students who did not meet the criteria from equal consideration by preventing them from applying for certain positions and engaging with employers in other ways. Woulfe and Rosza are seeking at least $5 million (4.1m) from Universal in the case, which has been filed as a class action on behalf of other disappointed fans. The agreement resolves a complaint filed with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act. Settlement Press Release Settlement Agreement, ChemArt (Unfair Documentary Practices and Retaliation) June 2020. As part of the settlement agreement, the company will pay $14,500 in back pay to an identified victim, $3,200 in civil penalties, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA). Up to $21.25 per household with proof of purchase. Holding Co. Inc., resolving an investigation of a pattern or practice of hiring discrimination based on citizenship status. IERs investigation concluded that there was reasonable cause to believe Mr. Ks discriminated against the charging party, a lawful permanent resident, by rejecting her valid documentation establishing her work authorization and requesting more or different documents than necessary based on the workers citizenship status and/or national origin. The Department also concluded that the SKP human resource staffer further retaliated against the former employee by spreading misinformation about him to colleagues to prevent him from being rehired. 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. (2012). A Honda infotainment lawsuit settlement has been preliminarily approved for these vehicles. Culinaire International (Unfair Documentary Practices) September 2014. Iflowsoft, LLC (Citizenship Status) May 2011. Under the settlement agreement, Collabera will pay $53,000 in civil penalties, provide back pay of $35,475.92 to one discrimination victim, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. IERs investigation concluded that Aerojet misunderstood its obligations under government contracts and with federal regulations, such as the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Settlement Press Release Settlement Agreement, Washington Potato Company and Pasco Processing, LLC (Unfair Documentary Practices) May 2017. 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. Mexico Foods, LLC (Unfair Documentary Practices) April 2014. Universal life insurance allows customers to buy policies at a relatively low cost, although the exact premium is . Select Staffing (Unfair Documentary Practices) August 2014. Settlement Press Release Settlement Agreement Complaint Press Release Complaint, Restwend, LLC (Citizenship Status) April 2011. 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. 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 lawsuit alleged the company preferred to hire H-2B temporary visa holders over U.S. workers for its bus driver positions. On October 5, 2020, the Division signed a settlement agreement with WinCraft, Inc. resolving claims that WinCraft routinely required lawful permanent residents to provide their Permanent Resident Cards (sometimes known as green cards) to prove their work authorization at both the initial hire and re-verification stages, both in violation of the Immigration and Nationality Acts anti-discrimination provisions, 8 U.S.C. Poulan Pecan (Unfair Documentary Practices) March 2013. IER determined that the electrician was qualified for the job and that the company would have hired him if had he and his wife had not objected. Pete Pappas & Sons, Inc. (Unfair Documentary Practices and Citizenship Status) July 2019. IERs investigation also found that DC Precision Machining terminated a U.S. citizen worker when she refused to present the requested document, even though she had already presented sufficient documentation to complete the Form I-9. COMPANY INFO: Allied Universal Security Services LLC (Bloomberg Law Subscription) Security services giant Allied Universal is accused in a new class lawsuit of cheating workers out pay and assigning black officers to less lucrative posts. On September 11, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Estopy Farms, a sorghum and soy farm in McAllen, Tex., which also provides equipment and equipment operators for harvests at other farms. On November 10, 2020, the Division signed a settlement agreement with Fleetlogix, Inc. (Fleetlogix) resolving claims that the company routinely asked the non-U.S. citizens it hired in Phoenix to provide documents issued by the Department of Homeland Security, such as I-94s with refugee/asylee annotations, or Permanent Resident Cards, to prove their employment eligibility. NEW ORLEANS - U.S. Security Associates, Inc., a security company doing business as Conshohocken, Pa.-based Allied Universal, has agreed to pay a uniformed security guard $110,000 to settle a lawsuit brought by the U.S. 1324b(a)(1). The Divisions investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status. Under the agreement, Culinaire will pay $20,460 in civil penalties to the United States, set aside a fund of $40,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for 20 months. IERs investigation therefore concluded that WesPak engaged in unfair documentary practice based on citizenship status, in violation of 8 U.S.C. We also can push your legitimate claim rate up to 25%, depending on your settlement, with our various strategies to broadcast your message. Pursuant to the settlement agreement, FTD will pay $1,800 in back pay to the charging party, $3,000 in civil penalties, and receive training on the anti-discrimination provision of the INA. 1324b, participate in IER-provided training, and pay a civil penalty of $7,000.00. Allied Universal and the Regional Transportation District on Monday settled the lawsuit filed in April by Raverro Stinnett, who was waiting for a train on April 20, 2018, at Union Station. The Department concluded that the companys unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents, was based on a misinterpretation of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). 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. An official website of the United States government. IERs investigation revealed that West Liberty Foods had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. Rehrig Pacific Company (Unfair Documentary Practices) November 2021. Podiatry Residency Programs (Citizenship Status) June 2016. PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015. Clifford Chance US LLP (Citizenship Status) August 2018. On August 13, 2021, the Division signed a settlement agreement with JP Senior Healthcare and JP Senior Management resolving an IER reasonable cause finding that the two related companies improperly rejected a new employees valid California drivers license and unrestricted Social Security card and demanded that the employee instead present a Permanent Resident card, based on the companies belief that the Charging Party who is Latino was not a U.S. citizen. NetJets Services, Inc. (Citizenship Status) May 2016. 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. Under the settlement agreement, Mar-Jac will pay a civil penalty of $190,000, pay up to $25,000 in back pay to compensate affected employees and applicants, and will have its relevant staff participate in Division-provided training on 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 . Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018. 1324b. Ashford University class action lawsuit also claims that by inflating its achievement training its graduates for employment, Bridgepoint lied to shareholders and equity filings. 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, May 6, 2010, the Division reached a settlement agreement with Argosy University in Nashville, Tennessee, and its parent company, Education Management Corporation (EDMC) of Pittsburgh, to resolve allegations that Argosy refused to hire a lawful permanent resident because of his citizenship status and intimidated him for reporting the schools refusal to hire. Under the agreement, Valley Crest agreed, among other things, to modify its recruitment and hiring policy to eliminate any preference for foreign workers, and to pay $11,173 in back pay to a U.S. citizen who applied but was not hired for a job subsequently filled by a H-2B visa holder. A "class action" lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sue the defendant as a group. In addition to paying civil penalties in the amount of $23,260.00 and back pay to the Charging Party in the amount of $10,072.23, the John Jay College has agreed to train its 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 be post an equal opportunity statement on its website for a period of three years. Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. On April 3, 2020, IER signed a settlement agreement with Southwest Key Programs (SKP), an organization that operates detention centers, resolving claims that SKP retaliated against a former employee. On November 15, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kim Hoang Coffee and Fast Food Restaurant, to resolve allegations that the employer refused to accept new work authorization documents to re-verify an employee's employment eligibility. On November 30, 2012, the Department of Justice issued a press release announcing a settlement agreement with Gamewell Mechanical, Inc., a subsidiary of Woodfin Heating, Inc., based in Salisbury, NC, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it terminated three employees based on the incorrect assumption that they were undocumented foreign nationals when they were in fact U.S. citizens. Class Action: An action where an individual represents a group in a court claim. The Divisions investigation concluded that Themesoft, Inc. refused to consider an asylee for employment because of his citizenship status. SEC Lawsuit The Allied World LPL policy states that Allied World must "defend any Claim seeking Damages covered under this Policy." Policy V.C.1. Postal Express, Inc. (Unfair Documentary Practices) October 2015. 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. Since signing the settlement agreement, Nebraska Beef has failed to pay a civil penalty of $200,000 and disavowed its obligations to comply with other requirements of the settlement agreement. Among the terms of the settlement agreement, AETS agreed to pay $10,000 in back pay and compensatory damages, and to participate in training on both the anti-discrimination provision and Title VII. Themesoft, Inc. (Citizenship Status and Unfair Documentary Practices) April 2018. On November 24, 2020, IER signed a settlement agreement with Security USA, LLC (Security) resolving claims by a Charging Party (CP) that the company made unnecessary and excessive document demands in violation of 8 U.S.C. IERs investigation found that UPS discriminated against a newly hired lawful permanent resident in Jacksonville, Florida, by asking him for his Permanent Resident Card and work visa, to prove his permission to work, even though he had already shown his drivers license and unrestricted social security card, which were sufficient proof. 1324b(a)(1)(B). Under the terms of the settlement, Setpoint will pay $17,475 in civil penalties to the United States, participate in Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act (INA), review and revise its hiring policies, and be subject to Division monitoring and reporting. Under the agreement, Select Staffing will pay $230,000 in civil penalties to the United States, set aside a fund of $35,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for three years. Under the terms of the settlement agreement, Sonus will pay $16,727 in back pay to the Charging Party, and $400 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a period of one year. 1324b. On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. 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. Gamewell Mechanical, Inc. (Citizenship Status) November 2012. 1324b and undergo departmental monitoring for 3 years. The settlement agreement provided for various remedies, including $83,600 in civil penalties, $20,000 in back pay for any injured parties, training, and monitoring.