discrimination and retaliation settlements
The Divisions investigation found that between December 2015 and February 2016, ACSs Cookeville office created and published a job posting stating that applicants for machine operator positions at a client company must present a U.S. birth certificate, even though there was no legal authorization for such requirement. On May 7, 2020, the Division signed a settlement agreement with Randstad North America, Inc., to resolve claims arising from a charge-based investigation into the companys Form I-9 and E-Verify practices at its South Plainfield, New Jersey, location. On June 27, 2022, IER signed settlement agreements with 16 employers that posted job advertisements with unlawful citizenship status restrictions: Akuna Capital; American Express Company; Area-I Inc.; Blackbaud; CapTech; Clarkston-Potomac Group; Clay Electric Cooperative, Inc.; CONMED; Edward Jones Investments; Keyot LLC; KNAPP Inc.; KPMG LLP; SimpleNexus, LLC, f/k/a L Brewer and Associates, LLC, d/b/a LBA Ware; The Royster Group, Inc.; Sealed Air Corporation; and Toast, Inc. Former employees at Salt Bae's restaurants allege they faced nationality-based discrimination, an Insider investigation revealed. On November 12, 2019, IER entered into a settlement with Perspective Talent LLC to resolve investigations into whether the company refused to refer workers for employment based on their citizenship or immigration status. On June 21, 2008, the Division reached a settlement agreement with iGate Mastech, Inc. and the Programmers Guild addressing Programmers Guild allegations of citizenship status discrimination in violation of the INAs anti-discrimination provision. 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. Filing a charge of employment discrimination, Cooperating with an internal investigation of alleged discriminatory practices, Serving as a witness in an EEO investigation or litigation. Stellar Staffing, Inc. (Citizenship Status) July 2013. Ark Rustic Inn LLC d/b/a Rustic Inn Crabhouse (Unfair Documentary Practices) October 2017. Technology Hub, Inc. (Citizenship Status) July 2022. IER concluded that these actions violated 8 U.S.C. IERs investigation also found that from at least July 1, 2019, until at least September 2021, General Motors maintained a policy that discriminated against lawful permanent residents in the hiring process based on their citizenship status, by requiring them to provide unnecessary documentation as a condition of employment. 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. 1324b(a)(6). Stanislaus County (Citizenship Status) May 2019. 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. On November 19, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) reached a settlement with McDonalds USA, LLC and its corporate affiliates and subsidiaries (McDonalds) resolving allegations that McDonalds discriminated against immigrant employees of McDonalds-owned restaurants. When a worker wins a lawsuit, the employer may be ordered to reimburse their attorneys' fees (in some cases, the offending corporation is ordered to cover the EEOC's legal fees as well!). With these claims, it is more important than ever for every workplace to implement an, A printing and graphic arts company fired a female production manager after she complained about being the target of regular and continuous discrimination and, With workplace retaliation claims comprising almost half of all EEOC charges filed, organizations should reassess their efforts to reduce retaliation incidents and claims. Training managers and supervisors on their responsibilities to maintain a retaliation-free workplace is an important step in addressing this pervasive problem and strengthening your anti-discrimination and harassment program. On April 10, 2023, IER signed a settlement agreement with Destin Wings, LLC d/b/a Hooters of Destin (Destin Wings) to resolve IERs reasonable cause finding that Destin Wings discriminated against Charging Party when it rejected Charging Partys acceptable documents for the Form I-9 and required Charging Party to present documentation she could not present due to her citizenship status. On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (Triple H). The EEOCs Chicago District Office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Security Management of South Carolina, LLC (Citizenship Status) October 2020. Apollo Crews' exaggerated Nigerian accent was the subject of an explosive lawsuit against WWE. On December 29, 2010, the Department of Justice issued a press release announcing a settlement agreement with Collins Management Corporation resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). 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. Settlement Press Release Settlement Agreement, J.C. Penney (Unfair Documentary Practicers) June 2018. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). SD Staffing (Citizenship Status) January 2014. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures. 1324b(a)(6) because Mar-Jac routinely required work-authorized non-U.S. citizens (but not U.S. citizens) to present DHS-issued documents to prove their work authorization. 1324b(a)(6). 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. 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. Settlements with 4 More Employers -- CarMax, Axis Analytics, Capital One Bank and Walmart -- That Used Georgia Institute of Technologys Job Recruitment Platforms (Citizenship Status) September 2022. Macys (Citizenship Status, Unfair Documentary Practices) June 2010. InMotion Software, LLC (Retaliation) October 2017. The Charging Party did not seek reinstatement because she has full-time employment. In addition, Respondents will jointly pay a $30,000 civil penalty to the United States; create an $115,000 back pay compensation fund to compensate economic victims; ensure that relevant human resources personnel participate in Division-provided training; and be subject to Division monitoring for a three-year period. United Continental Holdings, Inc./United Airlines, Inc. (Unfair Documentary Practices) September 2014. The Divisions amended complaint alleged that from at least June 2009 until at least December 22, 2011, Rose Acre engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. In legal cases, correlation does not equal causation without evidence. Under the terms of the settlement, Respondent will pay $140,000 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. IERs investigation determined that from at least mid-January 2019, until mid-March 2019, the company did not fairly consider potentially qualified U.S. workers for laborer positions because it preferred to hire individuals with H-2B visas, in violation of 8 U.S.C. A printing and The investigation revealed that the City of Waterloo refused to consider the charging party's application on the basis of his status as a lawful permanent resident. OSC found that the companys request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. On September 3, 2019, IER signed a settlement agreement with Allied Universal Holdco, LLC (Allied Universal), which had acquired U.S. Security Associates (USSA), to resolve a reasonable cause finding that a USSA branch office had violated the anti-discrimination provision of the Immigration and Nationality Act. Monitoring/reporting period expires July 9, 2018. Share sensitive information only on official, secure websites. 1324b(a)(1)(B) and (a)(6). 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. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. Under the terms of the settlement agreement, North American Shipbuilding will pay a $1,750 civil penalty to the United States; offer to pay the charging party $15,000 in back pay in exchange for a release of claims; submit to training by the Office of Special Counsel; and take other remedial measures. Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012. Settlement Press Release Settlement Agreement, Diversified Business Consulting (Citizenship Status) December 2014. 1324b(a)(6). The Divisions investigations concluded that R.E.E. 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. The average employment lawsuit will cost a company $200,000; this is made up of $80,000 for the employers attorneys fees, $80,000 As part of the settlement, Gap will pay $73,263 in civil penalties, provide back wages to an asylee and a lawful permanent resident who lost work, train thousands of its employees nationwide, ensure that its electronic programs are compliant with applicable rules, and be subject to monitoring and reporting requirements for three years. Facebook (Citizenship Status) December 2020. 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. Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties. 1324b(a)(1)(b). Taiyo International Inc. (Retaliation) April 2020. Holding Co., Inc. (Citizenship Status) January 2017. On January 31, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Houston Community College to resolve allegations that the company engaged in a pattern or practice of Unfair Documentary Practices against work-authorized immigrants. On August 5, 2019, the Division signed a settlement agreement with R.E.E. However, if an employee didn't get a highly competitive promotion months after filing a sexual harassment complaint with the HR, it may be difficult to establish retaliatory conduct on this singular fact alone, as the employee may have simply lost the promotion to someone objectively better qualified for the job. On August 1, 2018, the Division signed a settlement agreement with Rose Acre Farms, Inc. (Rose Acre), one of the largest egg producers in the United States, resolving the Divisions suit alleging that the company discriminated against work-authorized non-U.S. citizens when verifying their work authorization. Seamlessly import and track your employees course progress with Payroll, HRIS, & LMS integrations. The EEOC filed suit in U.S. District Court for the Central District of California (Case No. Ikon Systems, LLC (Citizenship Status) December 2020. Among the terms of the agreement, SKP will pay the charging party over $68,000 in front pay and back pay, receive IER training, and modify its policies as necessary. Collins Management Corporation (Citizenship Status, Unfair Documentary Practices) December 2010. On October 16, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Constructor Services Inc. resolving violations of 8 U.S.C. 1324b(a)(6). The settlement requires Giant to undergo training, make policy changes, alter its onboarding software, be subject to monitoring, and pay a civil penalty. 1324b, and be subject to departmental monitoring. On September 27, 2012, the Department of Justice issued a press release announcing a settlement agreement with Diversified Maintenance Systems, LLC, a janitorial service company, resolving allegations that the company retaliated against the charging party by failing to reinstate her after she solicited USCIS' assistance in resolving an erroneous E-Verify Final Non-Confirmation notice. 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 November 22, 2016, the Division signed a settlement agreement resolving its investigation of Aldine Independent School District. 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. As part of the settlement agreement, Garland has agreed to pay $10,000 in back pay civil penalties to the United States, and it has consented to training and reporting obligations. Visit our site to browse through unlawful termination cases from WI 100% free. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. The Divisions investigation, based on an advertisement on Respondents website, established that the Denver Sheriff Department engaged in a pattern or practice of citizenship discrimination in violation of 8 U.S.C. Under the terms of the settlement, Respondent will pay $120,000 in civil penalties to the United States, train relevant recruiting staff on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. In the winter of 2022, Dr. Stanley Berry says he tried to raise a "very serious" issue with his 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. On June 27, 2016, the Division issued a press release announcing it reached an agreement with Crookham Company to resolve a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. 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. 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. Under the settlement agreement, Rio Grande will also pay $1,800 in civil penalties, and designated human resources and managerial personnel must undergo training by the Office of Special Counsel. Brickell Financial Services Motor Club, Inc. d/b/a Road America Motor Club, Inc. (Unfair Documentary Practices) April 2017. 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. Crop Production Services also paid back pay totaling $ 18,738.75 in a separate agreement with the three citizens denied employment. 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. 1324b(a)(6). On June 6, 2011, the Department of Justice issued a press release announcing a settlement agreement with Canvas Corporation, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting recruiting and hiring to U.S. citizens. On October 31, 2022, IER signed a settlement agreement with the Giant Company LLC d/b/a Giant Food (Giant) to resolve IERs reasonable cause finding that Giant discriminated against the Charging Party, a lawful permanent resident, as part of its pattern or practice of requiring lawful permanent residents at its Royersford, Pennsylvania store to show certain documents at initial hire because of their citizenship status in violation of 8 U.S.C. $350,000 Disability Discrimination 2008 $115,000 Sexual Harassment $1,281,045 CEPA verdict and judgment (Stomel v. Commercial Cleaning Systems (Unfair Documentary Practices) June 2014. On August 5, 2015, the Division issued a press release announcing it reached a settlement agreement with the City of Eugene, Oregon, to resolve allegations that it required applicants for police officer positions be a U.S. citizen at the time of application. Under Title VII of the Civil Rights Act, and other laws, employers must not retaliate or punish an employee fire, demote, harass or take other adverse action for filing a discrimination complaint or participating in an internal investigation. Settlement Press Release Settlement Agreement, Lady M Confections Co, Ltd and Lady M West Third, LLC (Citizenship Status) Novmeber 2022. The lawsuit alleged the company preferred to hire H-2B temporary visa holders over U.S. workers for its bus driver positions. Bite sized micro learning. Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years. On May 17, 2017, the Division signed a settlement agreement with Respondents resolving a lawsuit alleging that Respondents Form I-9 employment eligibility verification practices violated the anti-discrimination provision of the Immigration and Nationality Act. The settlement also requires PMM to train employees on the requirements of the INAs anti-discrimination provision and subjects it departmental monitoring and reporting requirements for three years. 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)(1). This can include instances where a person feels they were fired unfairly or that they have experienced a negative influence on the way they have been treated. The agreement requires Themesoft, Inc. to pay a civil penalty of $4,543.25 to the United States, abide by its agreement to pay the asylee $12,000 in back pay, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting. The company paid a $20,000 civil penalty, and had proactively reinstated one employee with back pay at the outset of the Department's investigation.
