Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. 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. 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. The Division's investigation concluded that Accountemps refused to refer the charging party for a federal government contract position because, as a naturalized citizen, the charging party was not born in the United States. 1st Class Staffing, LLC (Unfair Documentary Practices) December 2016. The company also agreed to training and monitoring requirements for a period of 18 months. 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. 1324b. The strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. 1324b(a)(6). In doing so, the company committed unfair documentary practices against Charging Party based on citizenship status, in violation of 8 U.S.C. 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. IER concluded that these actions violated 8 U.S.C. 1324b(a)(6). 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. The settlements require the 16 employers to pay civil penalties totaling $832,944 in civil penalties, as listed below, and each must undergo training and change its recruiting practices to avoid future discriminatory postings: SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware, SpringShine Consulting (Citizenship Status) June 2022. Specifically, IERs investigation found that Ascension improperly sent automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees close to the expiration date of the documents they provided when completing the Form I-9. You Get From A Discrimination On September 15, 2021, IER signed a settlement agreement with DC Precision Machining, Inc., resolving a reasonable cause finding that DC Precision Machining discriminated against its workers by requesting specific employment eligibility documents for the Form I-9 process based on each workers citizenship status. WebDefining Retaliation. 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. 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. retaliation MUY Brands, LLC (Unfair Documentary Practices) October 2019. Discrimination WebMMPS of New York Settles Pregnancy Discrimination Case for $40,000 in Damages and Penalties and Affirmative Relief MMPS of New York, a medical clinic, agreed to settle a case where a pregnant employee was not provided accommodations and was ultimately terminated because of her pregnancy. Discrimination claims are often fraught with emotion on both sides, especially if the HR professional is the same person who made the decision that led to the Some recent examples highlight the impact of retaliation case settlements on an organizations bottom line, not to mention reputation and productivity. 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. The company then employed only H-2A workers to do the higher-paying harvesting jobs. 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. 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. 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. Under the settlement agreement, VRB will pay $24,000 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 one year. The agreement requires Onin to, among other things, pay a civil penalty of $70,695 to the United States, train relevant personnel on avoiding discrimination, ensure that their commercial Form I-9 software complies with federal requirements, and be subject to Division monitoring and reporting.
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