The EEOC is the independent federal agency protecting equal opportunity in employment by: The EEOC covers companies of 15 or more employees (in some states, the laws extend to smaller businesses). 1324b(a)(6) when it instructed the worker to produce another DHS document. On May 31, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Tuscany Hotel and Casino, LLC, alleging that it engaged in a pattern or practice of discrimination in the employment eligibility verification and reverification process. The four agreements add to the departments recent settlements with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty amount for all 20 employers to over $1.1 million. 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. Visit our site to browse through unlawful termination cases from WI 100% free. The EEOC is seeking back pay, compensatory damages, and punitive damages for the sales associate, as well as injunctive relief to prevent future discrimination. Levy Restaurants (Unfair Documentary Practices) February 2017. Under the settlement agreement, MCPS will pay $4,450 in back pay to each of the two charging parties and be subject to a monitoring period of one year. The agreement resolves allegations that YCS discriminated against work-authorized immigrants because of their citizenship status. Many laws that prohibit employment discrimination, such as Title VII of the 1964 Civil Rights Act and the Americans with Disabilities Act (ADA), permit employees to On May 13, 2016, the Division issued a press release announcing it reached a settlement agreement with NetJets Services, Inc. ( NetJets), resolving claims that it treated non-U.S. citizens differently than U.S. citizens in violation the anti-discrimination provision of the Immigration and Nationality Act (INA) by: (1) requiring newly hired non-U.S. citizens to present specific documents to prove their employment eligibility; (2) subjecting employees who were Legal Permanent Residents to unnecessary post-employment reverification of their work authority through the production of specific documents; and (3) requiring employees who had become naturalized U.S. citizens after they were hired to produce their certificate of naturalization to establish the change in their citizenship status. On August 13, 2019, IER reached a settlement with Automotive Creations, Inc., Dynamic Auto Images, Inc., Prestige Auto Specialists, Inc., and Expert Automotive Reconditioning, Inc. (collectively, the Companies) to resolve a reasonable cause finding that the Companies violated the anti-discrimination provision of the Immigration and Nationality Act. IER concluded that Amtex used recruiters working abroad who engaged in a pattern or practice of implementing clients unlawful citizenship or immigration status preferences for job candidates in or around January 2021 by: a) emailing job ads with discriminatory preferences that deterred potential candidates from applying, and b) refusing to consider at least two protected U.S. worker candidates for OPT preferred job opportunities, based on their citizenship or immigration status. The government paid out $3.6 million in pre-complaint settlements in 2020, an increase from the $3.1 million paid in fiscal 2019. 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. 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. 1324b(a)(1) and (a)(6). It's truly a win-win solution! After investigating complaints filed on behalf of two qualified U.S. citizens, IER determined that Carrillo Farm denied U.S. citizens employment in the summer of 2016 because it wanted to hire temporary foreign workers under the H-2A visa program. Under the agreement, Bel USA agreed to pay a civil penalty of $100,000 to the United States, change its employment eligibility verification policies and practices, train its relevant personnel involved in hiring and human resources on the INAs anti-discrimination requirements, and be subject to Division monitoring and reporting for a three-year period. In May 2017 IER settled a lawsuit with Washington Potato Company and Pasco Processing, LLC, for engaging in a pattern or practice of violating 8 U.S.C. 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)(1)(B) by requiring applicants for deputy sheriff positions to be citizens in the absence of a law, regulation, or government contract requiring citizenship. The company also 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. On December 6, 2018, the Division reached a settlement agreement with Mrs. Fields Original Cookies, Inc. (Mrs. Fields) to resolve a reasonable cause finding that Mrs. Fields violated the anti-discrimination provision of the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens during the employment eligibility verification process. As part of the settlement agreement, Afni agreed to pay back pay to the charging party and a civil penalty to the United States. Under the agreement, Pinnacle Logistics agreed to pay a civil penalty to the United States and $7,641 in back pay to the asylee, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements during the agreements two-year term. On September 28, 2017, the Division filed a complaint against Crop Production Services, Inc. with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that the company discriminated against at least three United States workers by refusing to employ them as seasonal technicians in El Campo, Texas, because Crop Production preferred to hire temporary foreign workers under the H-2A visa program. Under the terms of the agreement, Ross Stores agrees to pay $6,384 in back pay to the individual who filed the charge of discrimination and $10,825 in civil penalties to the United States government. IERs investigation showed that one of the companys recruiters, without prior notice to senior company officials, had placed a facially discriminatory job posting on Dice.com, for a Java Junior Developer (ONLY OPTs who can work on W2). During the course of IERs investigation, however, the company took a number of unilateral steps like additional staff training and changes in its job posting approval process to protect against future violations of the INAs anti-discrimination provision. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). 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. On June 19, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Accountemps, a division of Robert Half International Inc. IER concluded that the company unlawfully required applicants for several job advertisements to be U.S. citizens, lawful permanent residents, or holders of TN-1 visas, which excluded other work-authorized non-U.S. citizens including refugees and asylees. A printing and The EEOC launched an age discrimination and retaliation lawsuit against the company, after 2 fired employees, Randy Virta and Karen Kolodzeske, complained of wrongful The company also agreed to training and monitoring requirements for a period of 18 months. Walmart Inc. (Unfair Documentary Practices) December 2018. On March 19, 2020, the Division signed a settlement agreement with Hallaton Inc., a construction company headquartered in Sparks, MD. Reduce the risk of workplace sexual harassment with award-winning, online compliance training. In addition, the Office of the Sheriff informed other affected non-U.S. citizen applicants that they could re-apply for available law enforcement positions. 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. Under the settlement, Pappas and Sons agreed to pay a civil penalty to the United States and back wages to the Charging Party, train the companys human resources personnel on the requirements of the INAs antidiscrimination provision, and be subject to departmental reporting and monitoring requirements. 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. 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. Gala Construction, Inc. (Unfair Documentary Practices) April 2006. On April 20, 2023, IER signed a settlement agreement with Micron Technology Inc. to resolve IERs reasonable cause finding that the company discriminated against a U.S. citizen in violation of 8 U.S.C. 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. Equal Employment Opportunity Commission (EEOC) alleged in a lawsuit filed today. See why 90% of learners recommend our best-in-class courses that use interactive quizzes and real-life scenarios. Under the terms of the settlement agreement, YCS will pay a $445,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, revise company policies to avoid discrimination in the employment eligibility verification process, place six full page advertisements in an industry publication over the course of twelve months advising readers of their rights under 8 U.S.C. Under the terms of the settlement, Respondents are required to pay $225,750 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. Additionally, the Department will train Imagine Schools employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for eighteen months. On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. 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. IER found that Gaps reliance on an electronic human resource management system contributed to the companys discriminatory conduct. ATLANTA Dillards, Inc., a national department store chain based in Little Rock, Arkansas, violated federal law when it fired a long-tenured, high-achieving employee after she complained of discrimination and asked about a pregnancy accommodation, the U.S. Apollo Crews' exaggerated Nigerian accent was the subject of an explosive lawsuit against WWE. 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. The agreement requires Microsoft to overhaul parts of its hiring process to ensure the company is not unlawfully requiring non-U.S. citizen job applicants, including those with permanent authorization to work, to provide specific immigration documents to prove they do not require sponsorship for a work visa.