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OSC Letters of Resolution for FY2007

OSC issued letters of resolution to U.S. employers who voluntarily entered into bi-lateral and unilateral settlement agreements with the charging parties resolving discrimination charges.  Letters of resolution were also issued to conclude independent investigations where the employer has voluntarily corrected its practices and no victims were identified. 

The following are summaries of letters of resolutions issued in fiscal year 2007 (October 1, 2006 - September 30, 2007):

On October 3, 2006, OSC issued a letter of resolution dismissing a charge of recruitment discrimination filed by the Programmers Guild. The Programmers Guild is an organization whose mission is to advance the interests of U.S. workers in information technology (IT) fields. It alleged that an IT company, posted four job advertisements stating a preference for temporary visa holders. Specifically, the postings stated: "We sponsor H1-B for the right candidate." In response to OSC's investigation, the company reached an agreement with the Programmers Guild to: eliminate the objectionable job postings; use non-discriminatory language in future job advertisements; and place an equal employment opportunity statement on its website. OSC determined that this agreement fully resolves the matter and accordingly dismissed the charge. Since January 1, 2004, the company has posted 193 nondiscriminatory job announcements and only four with problematic language. Further, we found no evidence that the company preferred temporary visa holders over U.S. workers in hiring. (Plymouth, MN)

On November 9, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination and document abuse filed by an asylee. The asylee alleged that he was denied a welding position because he did not have a current passport and work permit issued by USCIS, although he had presented for Form I-9 purposes a Michigan driver's license and military ID, as well as a Form I-94 identifying him as an asylee and valid indefinitely. In response to OSC's investigation, the company placed the asylee in a suitable welding position and certified in writing to OSC that it understands proper I-9 procedures. (Midland, MI)

On October 17, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by a naturalized U.S. citizen. The charging party alleged that her former employer committed citizenship status discrimination when it terminated her employment based on incorrect information about the charging party's employment eligibility that had been provided by the U.S. Department of Homeland Security (DHS) through the electronic verification basic pilot program. The company denied the allegation, but offered to resolve the matter by reinstating the charging party to the same position at the same rate of pay. The charging party accepted the offer to resolve the matter and reported back to work. (Lumber Bridge, NC)

On October 20, 2006, OSC issued a letter of resolution dismissing a charge of document abuse filed by a Congo national and asylee. Specifically, the charging party alleged that the company terminated her because she failed to produce an unexpired work permit in order to reverify her employment eligibility, even though she had produced other documentation sufficient for employment eligibility reverification purposes. In response to OSC's investigation, the company entered into a bilateral agreement with the charging party which provides for reinstatement to her job and full back pay in the amount of $1,094. (Germantown, MD)

On October 31 2006, OSC issued a letter of resolution dismissing a charge of document abuse filed by Catholic Charities of Dallas on behalf of a TPS recipient. Specifically, the charge alleged that the company terminated the TPS recipient despite the fact that he provided his EAD for employment eligibility reverification together with a Federal Register notice demonstrating his continued employment eligibility. In response to OSC's investigation, the company entered into a bilateral agreement with the injured party that provides for full-time reinstatement and full back pay of $1,150.80. (Dallas, TX)

On November 13, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The company had advertised on www.dice.com for F-1 (student) and H-1B visa holders willing to transfer. Our investigation revealed that the company placed only one problematic ad during 2006 and hired no workers as a result of the posting. Although six of the company's 10 employees are H-1B visa holders, it has done no hiring in the past year. The company has certified in writing to OSC that it will not run any future ads that could be construed as excluding work authorized individuals on the basis of citizenship status. (Naperville, IL)

On November 20, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged in its charge that the company discriminated against U.S. workers by advertising on the Internet for "H-1B Visa Technical Opportunities". However, our investigation showed that U.S. workers were considered for the advertised positions and no potential victims were identified. In addition, the company provided written assurances to OSC that it will not run any H-1B exclusive ads or ads that exclude applicants on the basis of citizenship status. (Wilmington, DE)

On November 30, 2006, OSC issued a letter of resolution dismissing a charge of document abuse filed by an asylee. The asylee alleged that he was terminated from his job as an associate because he did not have a new EAD issued by USCIS, although he had presented a valid SS card and is work-authorized incident to his status as an asylee. Under the terms of the agreement, the asylee has received $9,750 in back pay. He had already obtained another job and did not wish to be reinstated. During the investigation of the charge, we ascertained that the problem was limited to one employer and that the employer's training materials correctly state the law pertaining to reverification. The employer has certified in writing that the personnel at that store have received training on proper employment eligibility reverification procedures. (Laurel, MD)

On November 30, 2006, the Office of Special Counsel (OSC) issued a letter of resolution dismissing a charge against a large dairy operation, alleging document abuse. Specifically, the charging party alleged that the company threatened him with termination if he did not produce a driver's license and Social Security card, even though he had produced these documents for Form I-9 employment eligibility verification purposes at the time of hire seven years previously. Our investigation revealed that the charging party was not entitled to any relief because he was not terminated. However, the company certified in writing, among other things, that it will provide training on the Form I-9 process and requirements to its human resources staff at its corporate headquarters in St. Paul and at its dairy processing plant in Cedarburg, WI, including a review of OSC videos. (Cedarburg, WI)

On December 6, 2006, OSC dismissed its independent investigation of the company's admission and employment referral policies and issued a letter of resolution based on the company's corrective actions addressing all of OSC's concerns. The company provides employment training and placement services to unemployed and underemployed immigrant women in the metropolitan New York area, but had previously limited admission to its program based upon citizenship status. In response to OSC's investigation, the company broadened its policies to explicitly include & "all persons authorized to work full time for any employer in the United States;" revised its EEO Policy Statement to explicitly prohibit citizenship status discrimination; participated in OSC-provided training on the anti-discrimination provision of the INA; and agreed to incorporate OSC-provided materials into its internal training programs. (New York, NY)

On December 8, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. It alleged that the company posted a job advertisement stating a preference for temporary visa holders. Specifically, the postings stated: "Job Title: Need Software Developers to join us on our H1 (OPTs can apply too). We are looking to hiring IT candidates for immediate openings who are open to H1 transfer." In response to OSC's investigation, the company eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. No victims of the company's discriminatory postings were identified. (Los Angeles, CA)

On December 8, 2006, the OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charge alleged that the company "job posting on dice.com, for & "H-1B TRANSFER PREFERRED" discriminated against U.S. workers by discouraging them from applying for the positions. Our investigation showed that the company has been hiring U.S. workers, had placed only one problematic ad, and has taken corrective measures to ensure that similar violations will not occur in the future. (Edison, NJ)

On December 8, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild is an organization whose mission is to advance the interests of U.S. workers in information technology (IT) fields. Its charge alleged that the company discriminated against U.S. workers by posting vacancy announcements on the Internet expressing a preference for individuals with temporary worker visas, including H1-B and F-1 student visas. However, OSC's investigation showed that the only person hired from the offending job postings was a U.S. citizen. The company has provided written assurances to OSC that it will allow OSC to review all job advertisements before posting them for a period of six months; that it will include language in its advertisements stating that the position is open to everyone who is authorized to work in the United States for any employer; and that it will not discriminate on the basis of citizenship status in employment. (New York, NY)

On December 11, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charge alleged that the company's posted a job advertisement stating a preference for temporary visa holders. Specifically, the postings stated: "H1B Sponsorship ...LOOKING FOR QUALIFIED CANDIDATES TO TRANSFER TO HIB VISAS!!!" and "...LOOKING FOR CONSULTANT TO TRANSFER HIB VISAS" (emphasis in original). In response to OSC's investigation, the company eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. OSC was unable to identify any individuals who suffered a loss due to the placement of the ads. (Jacksonville, FL)

On December 13, 2006, OSC issued letters of resolution dismissing three charges of discrimination filed by refugees from Somalia. The charges alleged that the company, a temporary staffing agency, had committed citizenship status discrimination when it terminated the employment of the three refugee workers. In response to OSC's investigation, the company resolved the matter through bi-lateral settlement agreements with the charging parties, pursuant to which each worker received $13,000 in back pay and the company agreed to conduct diversity training for management and supervisory personnel to increase cultural sensitivity. (Auburn, ME)

On December 16, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmer's Guild alleging that the company, an IT company, posted a job advertisement stating a preference for temporary visa holders. In response to OSC's investigation, the company eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. Our investigation revealed no identifiable victims of discrimination. (Bradley Beach, NJ)

On December 18, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmer's Guild alleging that the company posted five job advertisements on the Internet that discriminated on the basis of citizenship status to the detriment of U.S. workers. In response to OSC's investigation, the company eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. Our investigation revealed no identifiable victims of discrimination. (Green Bay, WI)

On December 18, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmer's Guild. The Programmer's Guild alleged that the company posted 16 ads on the Internet that exclusively recruited temporary visa holders. In response to OSC's investigation, the company eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. Our investigation revealed no identifiable victims of discrimination. (Atlanta, GA)

On December 18, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status filed by the Programmer's Guild against an IT consulting and staffing firm. The charge alleged that the company advertised on several Internet job boards for temporary visa holders to the detriment of U.S. workers. In response to our investigation, the company began placing an equal opportunity statement in its Internet ads and modified the ads to state that H-1B visa holders may "also" apply. No one was hired from the ads at issue, and our investigation showed that U.S. workers are fairly considered for employment. (Herndon, VA)

On December 20, 2006, the Office of Special Counsel (OSC) issued a letter of resolution dismissing a charge filed by the Programmers Guild. The charge alleged that an IT company, posted job advertisements stating a preference for temporary visa holders. In response to OSC's investigation, the company entered an agreement with the Programmers Guild to eliminate the objectionable job postings, use non-discriminatory language in future job advertisements, and place an equal employment opportunity statement on its website. OSC determined that this agreement fully resolves the matter and accordingly dismissed the charge. We found no evidence that the company preferred temporary visa holders over U.S. workers in hiring. (Marlborough, MA)

On December 22, 2006, OSC issued a letter of resolution to an IT company, dismissing a charge filed by the Programmers Guild. The charge alleged that the company posted job advertisements stating a preference for temporary visa holders. In response to OSC's investigation, the company entered an agreement with Programmers Guild to eliminate the objectionable job postings, use non-discriminatory language in future job advertisements, and place an equal employment opportunity statement on its website. OSC determined that this agreement fully resolves the matter and accordingly dismissed the charge. We found no evidence that the company preferred temporary visa holders over U.S. workers in hiring. (Edison, NJ)

On December 27, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild against an IT consulting and staffing firm. The charge alleged that the company advertised on www.dice.com for & "H-1B Consultants." However, no one was hired from the ad at issue, and our investigation showed that the company sought U.S. workers as well as H-1B visa holders. In addition, the company certified in writing that it will not discriminate on the basis of national origin or citizenship status, that it has placed a non-discrimination statement on its web site, and that it will abide by the & "Best Practice Tips for Online Job Postings", provided by OSC. (East Brunswick, NJ)

On December 29, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that on April 12, 2006, the company posted a job advertisement on the internet soliciting H-1B temporary visa workers and that the job posting was discriminatory recruitment on the basis of citizenship status to the detriment of U.S. workers. In response to OSC's investigation, the company entered an agreement with the Programmers Guild pursuant to which it eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. No victims of discrimination were identified during the course of OSC's investigation. (Ann Arbor, MI)

On December 29, 2006, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that on March 30, 2006, the company posted a job advertisement on the internet soliciting H-1B temporary visa workers and that this job posting was discriminatory recruitment on the basis of citizenship status to the detriment of U.S. workers. In response to OSC's investigation, the company entered an agreement with the Programmers Guild pursuant to which it eliminated the objectionable job postings, agreed to use non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. No victims of discrimination were identified during the course of OSC'S investigation. (Ypsilanti, MI)

On December 29, 2006, OSC issued a letter of resolution dismissing a charge filed by the Programmers Guild. The charge alleged that the company posted two on-line job advertisements stating that candidates could seek H-1B sponsorship, although U.S. workers were not explicitly excluded from consideration for the jobs. In response to OSC's investigation, the company voluntarily pulled all references to H-1B sponsorship from its advertisements, set up a system whereby all job advertisements are forwarded to its legal department for review prior to posting, and committed that if it wishes to indicate in a job posting that H-1B sponsorship is available, it will use language that does not discourage U.S. workers from applying. It has also added an EEO statement to its website and employer handbook. In addition, it requested OSC to conduct training for its staff. (Pittsburgh, PA)

On January 8, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charged alleged that the company posted a job advertisement on the internet soliciting H-1B temporary visa workers to the exclusion of U.S. workers. In response to OSC's investigation, the company voluntarily posted an equal employment opportunity statement on its website and committed to using non-discriminatory language in future job advertisements. It has also asked OSC to conduct staff training. No victims of discrimination were identified during the investigation. (Farmington Hills, MI)

On January 9, 2007, OSC issued a letter of resolution dismissing a charge filed by the Programmers Guild, based upon the bilateral agreement reached between the two parties. Among other things, the company has pulled all advertisements with reference to temporary visa sponsorship; has placed OSC-approved language regarding the anti-discrimination provision of the Immigration and Nationality Act (INA) on an EEO page on its website and in hiring manual; will place OSC-approved language in future advertisements if it chooses to make reference to sponsorship; and will use OSC materials and resources to educate its recruiters about the requirements of the antidiscrimination provision. No hiring was done on the basis of the offending job postings and no victims were identified. (Troy, MI)

On January 10, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charge alleged that the company posted eight job advertisements on the internet soliciting H1B workers that excluded U.S. workers from consideration. In response to OSC's investigation, the company eliminated the objectionable job postings, committed to using non-discriminatory language in future job advertisements, and placed an equal employment opportunity statement on its website. No discrimination victims were identified during the investigation. (Iselin, NJ)

On January 12, 2007, OSC issued a letter of resolution dismissing a charge of document abuse discrimination filed by an asylee from Liberia. The charging party alleged that the company committed document abuse when it rejected his unrestricted Social Security card and driver's license during the employment eligibility reverification process and terminated his employment. In response to OSC's investigation, the company initiated settlement discussions with the charging party and the parties agreed to resolve the matter for $15,000 in back pay. As the charging party is now employed elsewhere, he did not seek reinstatement. (Short Hills, NJ)

On January 19, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charge alleged that the company posted a job advertisement on the internet soliciting H-1B temporary visa workers to the exclusion of U.S. workers. In response to OSC's investigation, the company voluntarily agreed not to discriminate on the basis of national origin or citizenship status, agreed to abide by OSC's "Best Practices for Online Job Postings", placed an equal opportunity statement on its web site, and will make affirmative efforts to recruit U.S. workers for positions for which H-1B workers are sought. No victims of discrimination were identified during the investigation. (Greenbelt, MD)

On January 25, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination when it terminated the charging party's employment based on incorrect information about her employment eligibility provided by the Department of Homeland Security's("DHS") electronic employment verification program, the so-called "Basic Pilot" program. The respondent denied the allegation, but offered to resolve the matter by reinstating the charging party to the same position at the same rate of pay. The charging party accepted the offer to resolve the matter and reported back to work. (Tar Heel, NC)

On January 26, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild based on a settlement agreement entered by the parties. The charge alleged that the company's job posting on Dice.com, for an "H1-B transfer" discriminated against U.S. workers by discouraging them from applying for the position. Our investigation revealed that the company had placed only one problematic ad and did not hire anyone for the position. Pursuant to the agreement, the Respondent will use non-discriminatory language in future job advertisements and place an equal employment opportunity statement on its website. (Piscataway, NJ)

On January 26, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild based on a settlement agreement entered by the parties. The charge alleged that the company's job posting on Dice.com, for "SAP Functional or Technical H-1B" discriminated against U.S. workers by discouraging them from applying for the position. The company had placed only one problematic ad and did not hire anyone for the position. Pursuant to the agreement, the Respondent will use non-discriminatory language in future job advertisements and place an equal employment opportunity statement on its website. (Alpharetta, GA)

On January 26, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing an internet advertisement that stated a preference for H-1B visa holders and other non-protected workers. In response to OSC's investigation, the company committed not to discriminate on the basis of national origin or citizenship status and to abide by OSC's "Best Practices for Online Job Postings", which provides tips for treating authorized workers in a non-discriminatory manner in recruitment and hiring. No victims were identified during the course of the investigation. (Fremont, CA)

On January 31, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild alleging that the company discriminated against U.S. workers by placing internet advertisements that demonstrated a preference for temporary visa holders. In response to OSC's investigation, the company agreed to modify its advertising practices by adding the following language in its job postings: "Must be authorized to work full-time in the United States for any employer." The company also agreed not to discriminate on the basis of national origin or citizenship status and to abide by OSC's "Best Practices for Online Job Postings" in the future. OSC's "Best Practices for Online Job Postings" is a document published on OSC's website that provides a guide for employers and recruiters who post job ads on the internet and includes tips such treating U.S. citizens, lawful permanent residents, temporary residents, asylees, and refugees identically in recruitment and hiring. No victims were identified during the course of the investigation. (Edison, NJ)

On February 2, 2007, OSC issued a letter of resolution dismissing a charge of citizenship discrimination filed by the Programmers Guild alleging that the company committed citizenship status discrimination by posting solicitations on the Internet seeking applications from non-U.S. workers. Although OSC's investigation confirmed that the company published the solicitations in question, all of its other advertisements during the six months preceding the charge complied with the antidiscrimination provision of the INA, and the investigation did not identify any U.S. workers who were victims of discrimination in recruitment or hiring. In response to OSC's investigation, the company adopted a number of internal policies to ensure that it will not discriminate on the basis of citizenship status in recruitment and hiring in the future. (Denver, CO)

On February 2, 2007, OSC issued a letter of resolution dismissing a charge of national origin discrimination and document abuse. The charging party, a lawful permanent resident, alleged that the company unlawfully discriminated against her when it terminated her employment, because her Form-551 or "green card" had expired, even though she had previously established her employment eligibility by production of a current state driver's license and an unrestricted Social Security card. For jurisdictional reasons, the charging party's national origin allegations were referred to the Equal Employment Opportunity Commission (EEOC). Following a joint OSC/EEOC investigation, the company entered into a settlement agreement with the EEOC in which it agreed to: pay the Charging Party $12,855.47 in back pay and $8,600.00 in compensatory damages; refrain from employment-related discrimination on the basis of sex, national origin and citizenship status; conduct future training for its employees and officials on the nondiscrimination requirements of Title VII of the Civil Rights of 1964 and 8 U.S.C.§ 1324b; and make a $7,000 contribution to an appropriate non-profit organization to support public assistance and education regarding immigration-related employment issues.(Dallas, TX)

On February 2, 2007, OSC issued a letter of resolution dismissing a charge of citizenship discrimination filed by the Programmers Guild alleging that the company committed citizenship status discrimination by posting solicitations on the Internet seeking applications from non-U.S. workers. Although the company admitted that it published the discriminatory solicitations, all of its other advertisements during the six months preceding the charge were consistent with the anti-discrimination provision of the INA, and OSC's investigation did not identify any U.S. workers who were victims of discrimination in recruitment or hiring. In response to OSC's charge investigation, the company and adopted a number of internal policies to ensure that it will not discriminate on the basis of citizenship status in recruitment and hiring in the future. (Smyrna, GA)

On February 2, 2007, OSC issued a letter of resolution dismissing a charge of citizenship discrimination filed by the Programmers Guild alleging that the company committed citizenship status discrimination by posting solicitations on the Internet seeking applications from non-U.S. workers. Although the company published the recruitment solicitations in question, all of its other advertisements during the six months preceding the charge were consistent with the anti-discrimination provision of the INA, and OSC's investigation did not identify any U.S. workers who were victims of discrimination in recruitment or hiring. In response to OSC's investigation, the company adopted a number of internal policies to ensure that it will not discriminate on the basis of citizenship status in recruitment and hiring in the future. (West Windsor, NJ)

On February 2, 2007, OSC issued a letter of resolution dismissing a charge based upon the bilateral agreement reached between it and the Programmers Guild. The Programmers Guild filed the charge alleging discrimination in the posting of three internet advertisements that targeted H-1B visa candidates to the exclusion of protected U.S. workers. Under the terms of the agreement, the company pulled all advertisements that sought H-1B visa candidates; will post OSC-approved language regarding the antidiscrimination provision of the Immigration and Nationality Act (INA) on the EEO page of its website; will use OSC-approved language in future advertisements, if it chooses to make reference to visa sponsorship; and will use OSC materials and resources to educate its recruiters about the requirements of the antidiscrimination provision. No hiring was done on the basis of the offending job postings and no victims were identified. (Woodbridge, NJ)

On February 15, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild based on a bilateral resolution between the parties. The charge alleged that the company's job posting on Dice.com, for "H-1B and H1B Transfers" discriminated against U.S. workers by discouraging them from applying for the position. Our investigation showed that as a result of the ad, the company hired only U.S. workers, and did not hire any H1-B visa holders. Pursuant to the agreement, the Respondent agreed not to engage in hiring practices that prefer temporary visa holders, to use non-discriminatory language in future job advertisements and to place an equal employment opportunity statement on its website. (New York, NY)

On February 15, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for individuals with H-1B visas and those seeking sponsorship for lawful permanent residence. In response to OSC'sinvestigation, the parties entered into a bilateral agreement in which the company agreed: (1) not to discriminate in hiring or advertising on the basis of national origin or citizenship status or during the employment eligibility process; (2) to post future job announcements on a public job board; (3) to place an equal opportunity notice on its website; and (4) to educate its human resources personnel about the company's nondiscrimination obligations. No economic victims were identified during the course of the investigation. *Will pay CP's atty attorneys fee in the amount of $5,000. (Fremont, CA)

On February 26, 2007, the OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild based on a bilateral resolution between the parties. The charge alleged that the company's job posting on Dice.com, for "QA analyst New H1B" discriminated against U.S. workers by discouraging them from applying for the position. Pursuant to the agreement, the Respondent agreed not to engage in hiring practices that prefer temporary visa holders over U.S. workers, to use non-discriminatory language in future job advertisements, to place an equal employment opportunity statement on its website, and link to OSC's website. Our investigation showed that the company did not hire any H1-B visa holders as a result of the ad. (Schaumburg, IL)

On February 28, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by a lawful permanent resident. The charging party alleged that the company committed citizenship status discrimination when it rejected his employment application and stated that it was the company's policy to hire U.S. citizens only. In response to OSC's investigation, the company extended an offer of employment to the charging party. The charging party accepted the offer and requested that this matter be withdrawn. (Phoenix, AZ)

On March 6, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet ads that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement pursuant to which the company agreed not to discriminate on the basis of citizenship status in hiring or in advertising and to create an Equal Employment Opportunity notice on its website. The company also agreed to educate its hiring and recruitment personnel about the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C.§ 1324b. No economic victims were identified during the investigation. (Falls Church, VA)

On March 6, 2007, OSC issued a letter of resolution to a media company, resolving a charge of citizenship status discrimination and document abuse. Specifically, the charging party, an asylee, alleged that the company committed unlawful discrimination when it rejected his unrestricted Social Security card and driver's license as valid documents establishing his work authorization. In response to OSC's investigation, the company agreed to pay the charging party backpay in the amount of $6,800; train its human resources personnel in proper employment eligibility verification practices; and post anti-discrimination notices. (Hollywood, CA)

On March 7, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by The Programmers Guild based on a bilateral resolution between the parties. The charge alleged that the company's job posting on Dice.com, for "H-1B and H1B Transfers" discriminated against U.S. workers by discouraging them from applying for the position. Our investigation showed that the company had not hired any H1-B visa holders, but had hired protected individuals. Pursuant to the agreement, the Respondent agreed to use non-discriminatory language in future job advertisements and place an equal employment opportunity statement on its website. (Troy, MI)

On March 7, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild based on a bilateral resolution between the parties. The charge alleged that the company's job posting on Dice.com, for "H-1 Sponsorship for 2006" discriminated against U.S. workers by discouraging them from applying for the position. Pursuant to the agreement, the Respondent agreed not to engage in hiring practices that prefer temporary visa holders, to use nondiscriminatory language in future job advertisements, to place an equal employment opportunity statement on its website and link to OSC's website. (North Brunswich, NJ)

On March 9, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement in which the company agreed not to discriminate in hiring or advertising on the basis of national origin or citizenship status or during the employment eligibility process; (2) to place an equal opportunity notice on its website; and (3) to educate its human resources personnel about the company's nondiscrimination obligations. No economic victims were identified during the course of the investigation. (Bridgewater, NJ)

On March 9, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement in which the company agreed not to discriminate in hiring or advertising on the basis of national origin or citizenship status or during the employment eligibility process; (2) to place an equal opportunity notice on its website; and (3) to educate its human resources personnel about the company's nondiscrimination obligations. No economic victims were identified during the course of the investigation. (Iselin, NJ)

On March 9, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement in which the company agreed not to discriminate in hiring or advertising on the basis of national origin or citizenship status or during the employment eligibility process; (2) to place an equal opportunity notice on its website; and (3) to educate its human resources personnel about the company's nondiscrimination obligations. No economic victims were identified during the course of the investigation. (New York, NY)

On March 9, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement in which the company agreed not to discriminate in hiring or advertising on the basis of national origin or citizenship status or during the employment eligibility process; (2) to place an equal opportunity notice on its website; and (3) to educate its human resources personnel about the company's nondiscrimination obligations. No economic victims were identified during the course of the investigation. (Chantilly, VA)

On March 9, 2007, OSC issued a letter of resolution, dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement in which the company agreed not to discriminate in hiring or advertising on the basis of national origin or citizenship status or during the employment eligibility process; (2) to place an equal opportunity notice on its website; and (3) to educate its human resources personnel about the company's nondiscrimination obligations. No economic victims were identified during the course of the investigation. (New York, NY)

On March 29, 2007, OSC issued a letter of resolution, dismissing a charge of document abuse. Although the charging party's allegations of document abuse lacked merit because he was not authorized to work on the date of his termination, the company's reverification procedures were incorrect. OSC explained to the company's Vice President that any valid List A or C document, including an unrestricted Social Security card, must be accepted for reverification. The company confirmed in writing its understanding of this policy. (Coridon, IN)

On March 27, 2007, OSC issued a letter of resolution dismissing a charge of document abuse filed by a Temporary Protected Status (TPS) recipient. Specifically, the TPS recipient alleged that the company terminated him despite the fact that he informed the company that he was covered by an automatic work authorization extension. In response to OSC's investigation, the company entered into a bilateral agreement with the TPS recipient, and reinstated him. (Carrollton, TX)

On March 27, 2007, OSC issued a letter of resolution, resolving a charge of citizenship status discrimination. Specifically, the charging party, a U.S. citizen pursuant to adoption by U.S. citizen parents, alleged that the company committed unlawful discrimination when it did not allow him to continue to work using his legal name after receiving a tentative nonconfirmation through the DHS Office of U.S. Citizenship and Immigration Services' Basic Pilot Program, an electronic employment eligibility verification program in which employers voluntarily participate. In response to OSC's investigation, the company agreed to pay the charging party backpay in the amount of $4,000 and the company's attorney will train its human resources personnel in proper employment eligibility verification practices. (Boulder, CO)

On March 29, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing an internet advertisement that stated a preference for H-1B visa holders and other non-protected workers. In response to OSC's investigation, the company agreed to abide by the anti-discrimination provision of the Immigration and Nationality Act; include OSC-approved text in its future advertisements regarding the hiring of employment-authorized individuals; and place an OSC-approved Equal Employment Opportunity statement on its website. No victims were identified during the course of the investigation. (Princeton, NJ)

On April 5, 2007, the Office of Special Counsel (OSC) issued a letter of resolution dismissing a charge of citizenship status discrimination filed by a refugee. The charging party alleged that the company rejected his unrestricted Social Security card and insisted that he present an unexpired employment authorization document (EAD) for employment eligibility reverification (Form I-9) purposes. In response to OSC's investigation, the company offered the charging party $700 in back pay and agreed to retrain its regional employment verification staff on avoiding discrimination in the I-9 process, emphasizing concerns related to reverification. (Washington, DC)

On April 9, 2007, OSC issued a letter of resolution dismissing a charge of document abuse discrimination filed by a lawful permanent resident. The charging party alleged that during the Form I-9 process the company specifically requested to see an unexpired permanent resident card ("green card"). In response to OSC's investigation, the company offered the lawful permanent resident a full-time position and agreed to train its human resources staff about the anti-discrimination provision of the Immigration and Nationality Act. (Farmington, NY)

On April 16, 2007, OSC issued a letter of resolution dismissing a charge of document abuse. The charging party, a refugee, alleged that the employer violated the anti-discrimination provision when it threatened to terminate her employment if she did not produce an new, unexpired EAD for Form I-9 reverification purposes. After we conferred with counsel for the employer by telephone and it reviewed information that we provided about the employment eligibility of asylees and refugees, the employer agreed that if reverification proved necessary, the charging party could provide any acceptable document (including an unrestricted Social Security card) to establish her employment eligibility. (Las Vegas, NV)

On April 24, 2007, OSC issued a letter of resolution dismissing a charge alleging that the newspaper committed citizenship discrimination in violation of 8 U.S.C. § 1324b when it accepted an advertisement for a job fair that restricted admission to U.S. citizens. The company corrected the discriminatory language in its advertisement immediately after the language was brought to its attention, prior to the date of the job fair. Following OSC's investigation, the newspaper also made the following commitments: 1) it will not sponsor or co-sponsor any job fairs that unlawfully bar non-citizens from participation, 2) it will not allow advertising in the newspaper that unlawfully bars non-citizens from employment, 3) it will include citizenship status discrimination in its equal employment, non-discrimination and anti-harassment policies, and 4) it will incorporate instruction on citizenship or immigration status discrimination in its anti-discriminatory training for supervisory personnel. In addition, the newspaper invited OSC to train its management staff. No victims of the company's alleged discriminatory practice were identified. (San Francisco, CA)

On May 14, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing an internet advertisement that stated a preference for H-1B visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement providing that the company will not discriminate in hiring or advertising, will post job announcements on a public internet board, and will educate its personnel. No economic victims were identified during the investigation.(New Jersey, NJ)

On May 16, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charge alleged that the company posted a job advertisement on the internet soliciting H-1B temporary visa workers to the exclusion of U.S. workers. The job posting was withdrawn two days after it was posted and no hiring was done based upon the advertisement. In response to OSC's investigation, the company entered into a bi-lateral resolution with the Programmers Guild in which it voluntarily agreed not to discriminate on the basis of national origin or citizenship status, agreed to abide by OSC's "Best Practices for Online Job Postings", and placed an equal opportunity statement on its web site. It will also pay $2,000 to the Programmers Guild. No victims of discrimination were identified during the investigation. (Edison, NJ)

On May 21, 2007, OSC issued a letter of resolution dismissing a charge alleging that the grocery store chain committed unlawful citizenship status discrimination and retaliation when it refused to accept an asylee's employment authorization documents. In response to OSC's investigation, the parties entered into a bilateral agreement providing $2,000 in back pay for the Charging Party and training of the company's store managers, assistant managers and human resources managers on employers' responsibilities in the Form I-9 process. On April 19, 2007, OSC conducted training for approximately 100 Superior employees on the antidiscrimination provision of the Immigration and Nationality Act. (Los Angeles, CA)

On May 21, 2007, OSC issued a letter of resolution to a proxy solicitation and corporate communications firm, dismissing a charge alleging discrimination in the employment eligibility verification (Form I-9) process that was filed by a naturalized U.S. citizen. Specifically, the charging party alleged that the company terminated her after rejecting her a genuine U.S. passport for Form I-9 purposes and demanding that she instead provide an unrestricted Social Security card. In response to OSC's investigation, the parties entered into a bilateral agreement that provided the charging party with $1,000 in back pay. The charging party declined an offer of reinstatement. In addition, the company's human resource representatives certified that they have reviewed OSC's training materials on the employment eligibility verification process. (New York, NY)

On May 25, 2007, OSC issued a letter of resolution dismissing a charge alleging that the construction company committed citizenship status discrimination and retaliation in violation of 8 U.S.C.§ 1324b when it discharged a legal permanent resident. In response to OSC's investigation, the parties entered into a bi-lateral agreement providing full reinstatement to the Charging Party. There was no loss of pay in this case. The company also agreed to train its managers and human resources employees on the anti-discrimination provision of the Immigration and Nationality Act. (Las Vegas, NV)

On May 25, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status and document abuse discrimination filed by a lawful immigrant. The charging party alleged that during the employment eligibility verification (Form I-9) process, the company specifically stated that it only hired U.S. citizens and lawful permanent residents ("LPR"). In response to OSC's investigation, the company paid the charging party $13,000 in back pay and trained its Human Resources Department in the anti-discrimination provision of the Immigration and Nationality Act. (Ann Arbor, MI)

On June 5, 2007, OSC issued a letter of resolution dismissing a charge of document abuse filed by a lawful permanent resident. The charging party alleged that the company committed document abuse when it required him to produce a DHS-issued document and rejected his unrestricted Social Security card. In response to OSC's investigation, the parties entered into a bilateral agreement under which the company paid the charging party $1,500 in back pay. No other economic victims were identified during the investigation. (Westminster, MD)

On June 19, 2007, OSC issued a letter of resolution and dismissed an incomplete charge after the charging party resolved the matter directly with the the respondent. The lawful immigrant was employed as a ramp services worker. The airport security office told the worker that his lost security badge could not be replaced because the security office could not verify his immigration status and work authorization. OSC contacted DHS, which verified that the immigrant is authorized to work. After receiving this information, the airport security office reissued the security badge. The individual then returned to work and asked to withdraw his discrimination charge. (Washington, DC)

On July 13, 2007, OSC issued a letter of resolution after a bilateral resolution was reached between the parties. The injured party, a U.S. citizen, filed a charge of citizenship status discrimination, alleging he was terminated and replaced by an undocumented worker. The senior care residence denied the allegation, however, following OSC's investigation, it offered to resolve the matter through providing the injured party with back pay in the amount of $34,600. The injured party accepted the offer to resolve the matter and voluntarily withdrew the charge. No other victims were identified during the investigation. In addition, OSC will provide a two-hour training for the senior care residence's human resources personnel.(Danville, CA)

On July 16, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination based on the parties' settlement of the charge. The Charging Party alleged that when he was hired he provided fraudulent documents for employment eligibility verification purposes. When the Charging Party received his genuine employment authorization documents, he showed them to his employer, and was terminated. Under the bilateral resolution agreement between the parties, the Charging Party received a lump-sum payment of $5,000. In addition, the Charging Party was rehired. Finally, the Respondent agreed to educate and train its employees on the antidiscrimination provisions of the Immigration and Nationality Act. (Santa Rosa, CA)

On July 20, 2007, OSC issued a letter of resolution dismissing a charge filed by the Programmers Guild based upon a bilateral agreement between the parties that requires the respondent to implement several corrective measures. Programmers Guild filed the charge based upon three advertisements that encouraged applicants seeking H-1B sponsorship, but did not explicitly exclude U.S. workers from applying. In response to OSC's investigation, the company entered into a bilateral agreement with the Programmers Guild which, among other things, requires it to report data relating to its hiring and recruitment to OSC on a quarterly basis. Respondent has also agreed to train its human resources personnel on the antidiscrimination and employment eligibility verification provisions of the INA; add an EEO statement to its website; and include OSC-approved language in each of its job advertisements for one year. No victims entitled to remedial relief were identified during the course of the investigation. (Santa Clara, CA)

On July 24, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The charge alleged that the company posted a job advertisement on the internet soliciting H1B temporary visa workers to the exclusion of U.S. workers. In response to OSC's investigation, the company withdrew the job posting and took steps to ensure that it would not post any such advertisements in the future. It then entered into a bilateral settlement agreement with the Programmers Guild in which it agreed not to discriminate on the basis of national origin or citizenship status, to avoid discriminatory language in all future job advertisements, to educate its hiring and recruitment personnel about the provisions of the INA's antidiscrimination provision, and to place an equal opportunity statement on its web site. No victims of discrimination were identified during the investigation. (Farmington, Hills, MI)

On August 6, 2007, OSC issued a letter of resolution dismissing a charge. The charge alleged that an advertisement posted on Dice.com favorably referenced temporary visa holders. Our investigation revealed that the advertisement did not explicitly exclude U.S. workers from applying and we were unable to identify any protected workers who had been deterred from applying as a result of the advertisement. Nonetheless, in order to ensure equal employment opportunity in the future, the company has placed an equal employment opportunity statement on its website; will use OSC-approved language in future advertisements, if it chooses to reference visa status; and will train its human resources staff on the anti-discrimination provision of the Immigration and Nationality Act (INA) and employment eligibility verification procedures. (Lisle, IL)

On August 21, 2007, OSC issued a letter of resolution dismissing a charge of document abuse. Specifically, the charging party, a refugee, alleged that the company committed unlawful discrimination when it rejected her driver's license and unrestricted Social Security card for Form I-9 purposes. In response to OSC's investigation, the company entered into a settlement agreement directly with the charging party under which it paid her full back pay in the amount of $2,206.84 and agreed to train its human resources personnel in proper employment eligibility verification practices. (Hayward Hills, CA)

On August 25, 2007, OSC issued letters of resolution and dismissed charges of discrimination filed by two asylees from Cameroon. The asylees alleged that they were subjected to unlawful discrimination when they were terminated for failing to produce new, unexpired employment authorization documents from the Department of Homeland Security, even though they had presented unrestricted Social Security cards as evidence of employment eligibility at the time of hire. In response to OSC's investigation, the company initiated settlement discussions directly with the charging parties that resulted in a bilateral settlement with each charging party for full back pay and an offer of reinstatement with seniority and benefits. One charging party received $2,955.29 and the other received $1,651.56. This cp received $2,955.29. (Wheaton, MD)

On August 31, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. The Charging Party alleged that the company discriminated against U.S. workers by placing internet ads that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement pursuant to which the company agreed not to discriminate on the basis of citizenship status in hiring or in advertising; and to create an Equal Employment Opportunity notice on its website. The company also agreed to educate its hiring and recruitment personnel about the antidiscrimination provision of the Immigration and Nationality Act, 8 U.S.C.§ 1324b. (Carrollton, TX)

On August 31, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by the Programmers Guild. The Programmers Guild alleged that the company discriminated against U.S. workers by placing internet ads that stated a preference for temporary visa holders. In response to OSC's investigation, the parties entered into a bilateral agreement pursuant to which the company agreed not to discriminate on the basis of citizenship status in hiring or in advertising, and to create an Equal Employment Opportunity notice on its website. The company also agreed to educate its hiring and recruitment personnel about the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b. No economic victims were identified during the investigation. (Langhorne, PA)

On September 14, 2007, OSC issued a letter of resolution dismissing a charge of discrimination filed by an applicant for lawful permanent residency. The charge alleged that the employer rejected the charging party's employment authorization document as proof of her employment eligibility and requested a "green card" when processing the charging party's application for a medical residency position. Although the charging party was not protected for citizenship status discrimination, OSC's investigation revealed a pattern or practice of citizenship status discrimination in the Form I-9 process. Because no economic victims could be identified, and because the employer agreed to change its website and information letter to make clear that it welcomes applications from all individuals protected from discrimination on the basis of citizenship status discrimination under the anti-discrimination provision of the INA, OSC issued a letter of resolution. (San Antonio, TX)

On September 21, 2007, OSC issued a letter of resolution dismissing a charge of national origin and citizenship status discrimination. The charging party alleged that the company discriminated against employment-authorized workers by placing an internet advertisement that stated a preference for temporary visa holders. Although the company employs fewer than four individuals and therefore is not covered by the anti-discrimination provision of the INA, the company voluntarily agreed to use non-discriminatory language in future job advertisements and not to discriminate on the basis of citizenship status and national origin in employment. No economic victims were identified during the investigation. (Sunnvale, CA)

Worker Hotline: 1-800-255-7688 Employer Hotline: 1-800-255-8155

General Information Office of Special Counsel for Immigration-related Unfair Employment Practices
 
Leadership
(currently vacant)
Special Counsel
Alberto Ruisanchez
Acting Deputy Special Counsel
Contact
Office of Special Counsel for Immigration-Related Unfair Employment Practices
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
OSC, NYA 9000
Washington, D.C. 20530
(202) 616-5594
Worker Hotline: 1-800-255-7688
Employer Hotline: 1-800-255-8155
Teletypewriter (TTY) (202) 616-5525 & 1-800-237-2515
Fax: (202) 616-5509
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