Macys Retail (Unfair Documentary Practices) June 2013. On August 15, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Real Time Staffing Services, LLC, doing business as Select Staffing, a company based in Santa Barbara, California. 1324b(a)(6). 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. On December 28, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with BAE Systems Ship Repair Inc. to resolve allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of Unfair Documentary Practices on work-authorized non-U.S. citizens. On June 11, 2019, IER signed a settlement agreement with Sam Williamson Farms, Inc. (SWF), resolving an independent investigation into whether the company failed to consider U.S. workers, because of their citizenship status, for strawberry picking positions, in violation of 8 USC 1324b(a)(1)(B). Provisional Staffing Solutions (Unfair Documentary Practices) May 2017. Settlement Press Release Settlement Agreement Back Pay Survey, Bel USA, LLC (Unfair Documentary Practices) July 2020. El Expreso Bus Company (Citizenship Status) May 2019. 1324b, and undergo departmental monitoring for two years. On May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys Form I-9 employment eligibility verification practices. 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. Houston Community College (Unfair Documentary Practices) January 2013. The Divisions investigations concluded that: (1) when using a commercial Form I-9/E-Verify software, Adecco had a pattern or practice of incorrectly reverifying non-U.S. citizens, even those that had previously provided unrestricted Social Security cards, which do not require re-verification; and (2) one of the companys Gardena, California employees: (A) had a pattern or practice of unfair documentary practices against non-U.S. citizen employees, including the Charging Party, and (B) discriminated against the Charging Party in hiring based on his citizenship status when Respondent refused to onboard him. On June 20, 2016, the Division issued a press release announcing it reached agreements with 121 podiatry residency programs (Category 1, Category 2, Genesys Regional Medical Center and Northwest Medical Center) and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens by creating and publishing discriminatory postings for podiatry residents through AACPMs online podiatry residency application and matching service. Specifically, IER found reasonable cause to believe that Microsoft asked non-U.S. citizens for unnecessary, specific documents to prove they could work without its sponsorship for work visas. Settlement Press Release Settlement Agreement FAQs & SMSC Back Claim Form, WinCraft, Inc. (Unfair Documentary Practices and Citizenship Status) October 2020. IERs investigation concluded that the company (1) engaged in a pattern or practice of recruiting and hiring only U.S. citizens or U.S. citizens and lawful permanent residents for certain positions without legal justification, in violation of 8 U.S.C. 1324b(a)(6). The plaintiffs' allegation is that HP . Under the terms of the settlement agreement, the Respondent agreed to pay $750 in civil penalties and pay the Charging Party $7,007.75 in back pay. Master Klean Janitorial (Unfair Documentary Practices) May 2014. On September 18, 2018, IER signed a settlement agreement with Palmetto Beach Hospitality, LLC (Palmetto) resolving IERs finding that there was reasonable cause to believe the company had denied U.S. citizens employment in 2017 because it preferred to hire temporary foreign H-2B visa workers. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and to take steps to determine whether employees had been negatively affected by the alleged practice. 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, Macys agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. IERs investigation therefore concluded that WesPak engaged in unfair documentary practice based on citizenship status, in violation of 8 U.S.C. The charging party, a U.S. citizen, alleged that Martin Farms rejected her job application because it was seeking to hire H-2A workers. 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. 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. The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract. In 2019, Desjardins learned it had been the victim of a data breach for over two years, during which time a rogue employee stole sensitive customer information. Specifically, IERs charge-based investigation found that Around the Clock suspended the worker for three days without pay because he called IER to ask for help addressing a concern about the companys process for verifying his work authorization. Up to $21.25 per household with proof of purchase. A Manhattan security guard has filed a class-action lawsuit against Allied Universal, which provides security guards to retail stores, hospitals and other locations, alleging the company. 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. 1324b(a)(6). Mr. K's Used Books & CDs, Inc. (Unfair Documentary Practices) February 2019. 1324b. Tyson Foods (Citizenship Status, Unfair Documentary Practices) January 2011. 1324b(a)(6). Although R-Tronics is a federal contractor subject to the International Traffic and Arms Regulations (ITAR), ITAR does not require or permit employers to limit job applicants to U.S. citizens. Aerojet Rocketdyne, Inc. (Citizenship Status) May 2021. Complaint Press Release Complaint, Security USA, Inc. (Unfair Documentary Practices) November 2020. 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 . Hartz Mountain Industries (Citizenship Status) August 2016. IERs investigation concluded that the company unnecessarily required non-U.S. citizens, but not similarly situated U.S. citizens, to present DHS-issued immigration documents based on their citizenship status. The company changed its hiring practices after notice of IERs investigation. 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. 1324b(a)(6). The value of the top 10 private-plaintiff wage and hour class actions in 2019 totaled $449.05 million, nearly double the 2018 total of $253.5 million, according to a recent report from law firm . 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. Podiatry Residency Programs (Citizenship Status) June 2016. Settlement Press Release Settlement Agreement, DC Precision Machining, Inc. (Unfair Documentary Practices) September 2021. In addition to injunctive, reporting and monitoring requirements, the settlement requires Scott Insurance to make $70,000 available for a back pay fund, and pay $9,500 in civil penalties. 1324b, and train its staff on the requirements of 8 U.S.C. The settlement agreement provided for various remedies, including $27,750 in civil penalties, training, and monitoring. terminated or failed to hire a worker who did not produce the requested List A documentation. ASTA CRS, Inc. (Citizenship Status) July 2020. On January 7, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Centerplate, Inc., to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. 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. According to the bank's website, Desjardins has the largest regional presence in Quebec but has locations all over Canada. On October 17, 2016, the Division signed a settlement agreement resolving its investigation of American Cleaning Company (ACC). 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. Fleetlogix, Inc. (Unfair Documentary Practices) November 2020. 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. . On November 14, 2016, the Division filed a complaint against Washington Potato Company and Pasco Processing with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that Pasco Processing, while under the direction and control of one of its parent companies, Washington Potato, engaged in a pattern or practice of discriminatory documentary practices in violation of 8 U.S.C. Leading cloud software provider Blackbaud has been sued in 23 proposed consumer class action cases in the U.S. and Canada related to the ransomware attack that the . 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. Settlement Press Release Settlement Agreement, Life Generations Healthcare, LLC d/b/a Generations Healthcare (Unfair Documentary Practices) December 2014. Levy Restaurants (Unfair Documentary Practices) February 2017. In some instances, after sending these unnecessary e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working. The 2021 Department of Health and Human Services' Poverty Guidelines for a family of one is $12, 880.00; and for a family of two it is $17, 420.00. Please Call Toll Free 1-888-927-0207. On October 14, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Postal Express, resolving an investigation into whether the company improperly sought to reverify the employment eligibility of an LPR and suspended him when he failed to provide a requested document, an unexpired Green Card. Further, the investigation established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce a List A employment eligibility document to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation. 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. Janssen Pharmaceuticals is facing lawsuits over the link between Elmiron (pentosan polysulfate sodium), a drug used to treat Interstitial Cystitis (also known as Painful Bladder Syndrome) and a dangerous eye condition known as Retinal Maculopathy. 1324b(a)(1). The Department also concluded that the Woodburn School District pre-screened the applicant when it asked for specific documentation to verify the applicants citizenship status and work authorization, but did not make similar requests of U.S. citizens, in violation of 1324b(a)(6). 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. 1324b(a)(6). Allied, one of the nation's largest security firms, contracts with . Pursuant to the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties, receive training on the anti-discrimination provision of the INA, and be subject to monitoring for one year. As part of the settlement agreement, the Housing Authority agreed to offer the Injured Party reinstatement, provide him with back pay, and pay a civil penalty to the United States. In addition, the district will receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years. A class action lawsuit is a legal action filed by more than one individual against a single defendant. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. Griffith will receive $15,000 and George, Anderson, and Eggleston will get $5,000 each, according to the filing. The settlement agreement requires Security to agree to train relevant employees about the anti-discrimination requirements of 8 U.S.C. Settlement Press ReleaseSettlement Agreement, Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies. 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. 1324b(a)(5). Under the agreement, Rehrig will pay a $1,542 civil penalty, train its employees on proper Form I-9 procedure, and be subject to departmental reporting requirements. On February 9, 2015, the Justice Department reached a settlement agreement with Standard TyTape Company, resolving an investigation opened by the Division on September 25, 2014. Ashford University class action lawsuit also claims that by inflating its achievement training its graduates for employment, Bridgepoint lied to shareholders and equity filings. The Divisions investigation determined that after aworker complained that InMotions request for a Permanent Resident Card was discriminatory under the INA, the company removed worker from its pool of candidates available for job placement. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. On May 17, 2011, the Department of Justice issued a press release announcing a settlement agreement with Iflowsoft, LLC, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by posting job advertisements expressing a preference for temporary visa holders and by hiring an H1-B visa holder without considering a qualified U.S. citizen applicant. Scott Insurance (Unfair Documentary Practices and Citizenship Status) January 2022, On January 24, 2022, IER signed a settlement agreement with James A. Scott & Son, Inc. d/b/a Scott Insurance resolving IERs reasonable cause finding that Scott Insurance committed an unfair documentary practice in violation of 8 U.S.C. On June 21, 2010, the Division signed an agreement with Macys and a Charging Party resolving claims of citizenship status discrimination during the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9. 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. Amtex Systems, Inc (Citizenship Status) May 2022. Honda Aircraft Company, LLC(Citizenship Status) February 2019. IERs investigation determined that the company terminated the high-performing Mexican-American employee based on her coworkers discriminatory bias. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. A $181 million settlement is pending in the Broiler Chicken Antitrust Litigation, a class-action lawsuit that alleges price-fixing within the poultry industry . Under the settlement agreement, Gamewell Mechanical, Inc. will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States. Under the terms of the settlement agreement, Honda Aircraft will pay a civil penalty of $44,626, and remove all specific citizenship requirements from current and future job posting unless they are authorized by law. 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 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. IERs investigation revealed that the Housing Authority, due to the Injured Partys citizenship status, requested more and different documentation from him than required, thereby refusing to honor his valid ID and unrestricted Social Security card. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not U.S. citizens, produce specific documents to establish their work authorization. Settlement Press Release Settlement Agreement, Martin Farms (Citizenship Status) March 2011. 1324b(a)(6). Under the agreement, Sunny Grove will pay $7,500 in civil penalties to the United States, be trained on its employment eligibility verification policies and procedures, and be subject to monitoring of its employment eligibility verification practices for one year. Arnold & Porter Kaye Scholer, LLP and Law Resources, Inc. (Citizenship Status and Retaliation) July 2020. 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. Under the settlement, Accountemps will continue to refer the charging party for positions for which she is qualified, pay a $2,500 civil penalty, train its staff on the anti-discrimination provision of the INA, and be subject to a one-year monitoring period. Poulan Pecan (Unfair Documentary Practices) March 2013. Forever 21 (Unfair Documentary Practices) August 2013. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. Atwork Cumberland Staffing (Citizenship Status) September 2016. When UPS received the notification, the company asked the worker for additional documents instead of checking for a simple data entry error, as the company did when it received such notices for U.S. citizen workers. 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. Complaint Press Release Complaint, American Cleaning Company (Unfair Documentary Practices) October 2016. 1324b(a)(6) by requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the I-9 form. 100+ Top Class Action Lawsuits No Proof Required [2023] Check our list of all the open top class action lawsuits. 1324b(a)(1)(B). 1324b(a)(6) when it instructed the worker to produce another DHS document. The Agency Staffing (Unfair Documentary Practices) February 2013. 1324b(a)(6). When the Charging Party informed the ComForcare that, as a naturalized citizen, she did not possess an alien card, the ComForcare demanded naturalization papers establishing her work authority, notwithstanding her production of lawfully acceptable documents establishing work authorization. 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. The FDA has cautioned parents to avoid Similac, Alimentum, and . The charging party alleged that Indrescom would not allow him to work until he presented a lawful permanent resident card, despite the fact that the employee had already produced documents establishing his identity and authority to work in the United States. IERs investigation concluded that from at least January 1, 2015 to July 30, 2018, a USSA human resources staff member responsible for completing the employment eligibility verification process for the companys Fairfax, Virginia office,requested lawful permanent residents, but not similarly situated U.S. citizen employees, produce a permanent resident card, a List A document, to prove their employment eligibility, in violation of 8 U.S.C. The company also agreed to train relevant employees about the anti-discrimination requirements of 8 U.S.C. Rio Grande Pak Foods, Ltd. (Unfair Documentary Practices) January 2016. 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. IER also determined that Gap discriminated against some non-U.S. citizens by requesting that they provide specific documents to confirm that they still had permission to work. Under the settlement agreement, WinCraft is required to pay a civil penalty of $5,400 to the United States, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements over the term of the agreement. 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. 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. 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