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OSC Letters of Resolution for FY2008

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 2008 (October 1, 2007 - September 30, 2008):

On October 1, 2007, OSC issued a letter of resolution dismissing a charge based upon a bilateral agreement reached between the respondent and the charging party. The charge alleged that the company posted four advertisements on the internet stating a preference for H1B visa candidates, and thereby discouraged U.S. workers from applying. The company agreed to implement a number of remedial measures, including placing an equal employment opportunity statement on its website, inserting approved language in future advertisements, and complying with a monitoring provision. No hiring was done on the basis of the offending job postings and no victims were identified. Note: Respondent also agreed to pay charging party attorney's fees in the amount of $1000 per settlement agreement.(Tampa FL)

On October 11, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination.  The charge alleged that the company posted job advertisements on the internet soliciting H-1B, L, and F temporary visa workers. In response to OSC's investigation, the company immediately withdrew the job postings and subsequently entered into a bi-lateral resolution with the company in which it voluntarily 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 antidiscrimination provision the INA, and to place an equal opportunity statement and a link to OSC's website on its website. No victims of discrimination were identified during the investigation.  (Princeton-Junction, NJ).

On October 19, 2007, OSC issued letters of resolution dismissing five charges of citizenship status discrimination filed by former employees. The four U.S. citizens and one legal permanent resident alleged that they were discharged and replaced by undocumented workers.  In response to OSC's investigation of the charges, the diaries entered into bilateral settlement discussions with the charging parties, which culminated in agreements to pay them a combined total of $9,500 in back pay. (Elmwood, IL)

On October 24, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination and retaliation.  The charge alleged that a lawful permanent resident alleged was terminated because the company preferred to hire undocumented workers.  In response to OSC's investigation, the company entered into a bilateral agreement with the charging party that provides for the charging party and reinstatement. In addition, the company agreed to train its staff on the anti-discrimination provision of the INA.  (Houston, TX)

On October 30, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. The charge alleged that the company discriminated against U.S. workers by placing internet advertisements that stated a preference for H-1B visa holders and other non-protected workers.  The company acknowledged and corrected the problematic language in its job postings and, ultimately, no hiring was done from the postings. In a bilateral agreement the company agreed not to discriminate on the basis of national origin or citizenship status, to abide by OSC's "Best Practices for Online Job Postings" to add an equal opportunity statement and a link to OSC's website to its website, and to educate its hiring and recruitment personnel about the antidiscrimination provision. (Chantilly, VA)

On October 30, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination and document abuse filed by a U.S. citizen who applied for a job and was not hired.  Charging Party alleged that the company improperly requested a copy of her Social Security card and then refused to hire her because of its preference for hiring Hispanics. A bilateral resolution was reached whereby the Charging Party was paid $1,700 in back pay.  (Dillon, SC)

On October 31, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. The charge 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. The company acknowledged and corrected the language in its job postings, but, ultimately, the problematic advertisement did not result in hiring. In a bilateral agreement the company agreed not to discriminate on the basis of national origin or citizenship status, to abide by OSC's "Best Practices for Online Job Postings" to add an equal opportunity statement and a link to OSC's website to their own website, and to educate its hiring and recruitment personnel about the antidiscrimination provision.  (Ann Arbor, MI)

On November 28, 2007, the OSC issued a letter of resolution dismissing a charge of citizenship status discrimination of a U.S. citizen who was denied employment as a general farmworker because the company preferred to hire H-2A workers. In response to OSC's investigation, the employer entered into a bilateral settlement agreement with the charging party under which it paid $1,132 in back pay and offered him a full-time position. The employer also agreed to train its hiring officials on the requirements of the anti-discrimination provision of the INA.  (Bangor, MI)

On November 29, 2007, OSC dismissed a charge alleging that the company engaged in national origin and citizenship discrimination by advertising an H-1B resume delivery service on its website. OSC dismissed the charge because it determined that the charging party was not looking for work when he discovered the advertisement and would not have used the resume service.  In addition, the company voluntarily removed the alleged discriminatory advertising from its website and indicated that it will not offer the service in the future. (Spring Lake, MI)

On December 6, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status and national origin discrimination. The charging party alleged that the company posted a discriminatory job advertisement on the Internet that excluded potential candidates from employment based on their citizenship status, including asylees and refugees.  In response to OSC's investigation, the company eliminated the objectionable job postings; will use non-discriminatory language in future job advertisements; will train its hiring personnel regarding the anti-discrimination provision of the INA; and placed an equal employment opportunity statement on its website. OSC determined that the charging party was not a victim of discrimination, and no other victims were identified.  (Skillman, NJ)

On December 7, 2007, OSC issued a letter of resolution dismissing a charge of document abuse filed by a Salvadoran national and Temporary Protected Status (TPS) recipient.  Specifically, the charging party alleged that the company terminated her because it failed to accept proof of her continued employment eligibility, even though her employment authorization had been automatically extended by the Department of Homeland Security (DHS). In response to OSC's investigation, Gateway entered into a bilateral agreement with the charging party that provides for her reinstatement and $397 in back pay.  (Flushing, NY)

On December 13, 2007, OSC issued a letter of resolution dismissing a charge alleging discrimination on the basis of citizenship status in recruitment.  The charge was dismissed based on the company's commitment to comply with the requirements of the anti-discrimination provision of the Immigration and Nationality Act (INA); provision of training to its officials on best practices and nondiscriminatory recruitment with respect to on-line job postings; and adoption of an internal policy against using language in job postings that makes reference to an applicant's visa or immigration status unless required by law, regulation or government contract. (Carol Stream IL)

On December 14, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. Allegedly the company discriminated against U.S. workers by posting an Internet advertisement that stated a preference for H-1B visa holders and other non-protected workers.  The advertisement did not result in any hiring.  Nonetheless, the company revised its advertising language and entered into a settlement agreement in which it committed to:  make future hiring decisions in compliance with 8 U.S.C. § 1324b; not use discriminatory language in future job announcements; not prefer non-immigrant visa holders over equally or better-qualified U.S. workers; create an equal employment opportunity notice on the company website stating that it does not discriminate on the basis of national origin or citizenship status in violation of 8 U.S.C.§ 1324b; comply with OSC's Best Practices for Online Recruiting; educate its hiring and recruiting personnel about 8 U.S.C.§ 1324b; pay $11,400 in attorneys' fees; and, submit biannual reports on its recruiting and hiring practices for a period of one year.  (Newark, DE)

On December 17, 2007, OSC successfully resolved a charge by a conditional, lawful permanent resident (LPR) who was improperly subjected to employment eligibility reverification. The employer agreed to expunge negative references related to the matter from her personnel file and to discontinue its practice of reverifying the employment eligibility of conditional, lawful permanent residents who present a valid, unexpired I-551 or "green" card at the time of hire. (Chicago, IL)

On December 17, 2007, the OSC issued a letter, which maintains the largest Internet job search site for information technology jobs, to confirm several corrective measures that it recently implemented. In the past, employers have posted job listings that contain language that discriminates on the basis of citizenship status.  We brought these advertisements to the company's attention, and, in order to reduce the number of such postings, the company implemented the following changes: (1) posted language describing prohibited discriminatory language linked to the page where employers (both subscribers and non-subscribers) submit advertisements; (2) creating a link on the Employer Resource Center Page to OSC's "Best Practices for Online Job Postings" and (3) incorporating & "prohibited advertisements" language in its "Terms of Use" agreement, which is incorporated by reference in all company sales contracts with employers. These measures are similar to the changes undertaken in 2005 by the largest Internet job search site, in response to OSC's concerns about facially discriminatory language in its employer postings.(New York, NY)

On December 19, 2007, OSC issued a letter of resolution dismissing a charge of document abuse filed by a Salvadoran national and Temporary Protected Status recipient.  Specifically, the charging party alleged that the company terminated him because it failed to accept proof of his continued employment eligibility, even though his employment authorization had been automatically extended by DHS. In response to OSC's investigation of the charge, the respondent reached a bilateral agreement with the charging party under which he was permitted to retain his position and did not lose any wages.  (San Francisco, CA)

On December 20, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination based on the company's commitment to comply with the anti-discrimination provision of the INA.  The charge alleged that the company, an information technology staffing agency, favored the employment of H-1B visa holders over domestic U.S. workers because it published a job posting that stated, & "H1 sponsorship is available for the right candidate". In response to OSC's investigation of the charge, the company immediately stopped making reference to any particular citizenship or immigration status in its job postings, and implemented policies and practices to comply with the requirements of 8 U.S.C. 1324b in future recruitment and employment activities. No victims of discrimination were identified during the investigation. (Addison, IL)

On December 20, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status and national origin alleging that the company posted a discriminatory job advertisement on the Internet that excluded protected individuals from employment based on their citizenship status.  In response to OSC's investigation, the company eliminated all objectionable job postings, committed to using non-discriminatory language in future job advertisements, will train its hiring personnel regarding the anti-discrimination provision of the INA, and placed an equal employment opportunity statement on its website. During the investigation we were unable to identify any victims harmed by the company's Internet job posting.  (Orchard Lake, MI)

On December 21, 2007, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination based on the company's adoption of internal policies ensuring against the use of language in recruitment documents suggesting a possible preference for applicants with a particular citizenship or immigration status. The charging party alleged that the company, an information technology staffing agency, had a policy favoring the employment of H-1B visa holders over domestic U.S. workers because it sent him an email job solicitation that contained the phrase & Legal Status (US citizen/Green Card Holder/H1). In response to OSC's investigation of the charge, the company immediately instructed its recruitment specialists to make no reference to any particular citizenship or immigration status when soliciting information about an applicant's authority to work in the United States.  No victims of discrimination were identified during the investigation. (Kingwood, TX)

On December 21, 2007, the Office of Special Counsel (OSC) issued a letter of resolution dismissing a charge of citizenship status discrimination alleging that the company posted a discriminatory job advertisement on the Internet that excluded potential candidates from employment based on their citizenship status. In response to OSC's investigation, the company eliminated the objectionable job posting and agreed to use non-discriminatory language in future job advertisements. OSC determined that the charging party was not a victim of discrimination and no other victims were identified during the investigation. (Bloomingdale, IL)

On January 2, 2008, OSC issued a letter of resolution dismissing an independent investigation based upon the company's commitment to implement several remedial measures to prevent citizenship status discrimination in its recruiting efforts. OSC opened an independent investigation of the company after it placed at least six advertisements on Hotjobs.com that stated that applicants be U.S. citizens or Legal Permanent Residents ("LPRs").  In response to OSC's investigation, the company eliminated all such advertisements. In addition, the company will no longer reference immigration or citizenship status in its future advertisements, has placed an EEO statement prominently on its website, and will utilize OSC resources and materials to train its recruiters.  (Chalfont, PA)

On January 3, 2008, OSC dismissed a charge of document abuse based on the charging party's request to withdraw his charge in light of the parties' bilateral resolution of the charge.  The charging party, an asylee, alleged that he was terminated from his position as a sale associate on June 5, 2007, when his Employment Authorization Document (EAD) expired, and his employer rejected his unrestricted Social Security card as evidence of his continued eligibility for employment in the United States.  After determining that the charging party's termination was due to a local manager's erroneous understanding of applicable law and company policy, the company initiated bilateral resolution discussions with the charging party. Because the charging party had obtained alternative employment, he declined reinstatement, but accepted back pay in the amount of $4,000 due to approximately one month of unemployment. (Madera, CA)

On January 3, 2008, OSC issued a letter of resolution dismissing a charge of document abuse.  Specifically, the charging party, an asylee from Bolivia, alleged that she was subjected to document abuse discrimination when the company ceased to employ her as a bakery clerk because she failed to submit proof of reverification of employment authorization--even though she had provided an unrestricted Social Security card to demonstrate her employment eligibility at the time of hire. In response to OSC's investigation, the company rehired the charging party and agreed to pay her $2,200.00 in lost wages.  (Bonita Springs, FL)

On January 15, 2008, OSC issued a letter of resolution dismissing a charge of document abuse.  The charging party, a native of El Salvador, is employment authorized pursuant to a grant of temporary protected status. When his EAD expired, his employer discharged him even though the employment authorization of Salvadorian TPS recipients had been automatically extended by DHS in a Federal Register notice. In response to OSC's investigation, Beaulieu reinstated the individual with full back pay of $264.  (Dalton, GA)

On January 16, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by a former employee. The charging party alleged that he was discharged and not hired for a year-round position because the employer preferred to employ an unauthorized worker.  In response to OSC's investigation, the parties entered into a bilateral agreement under which the charging party received $7,500 in back pay.  In addition, the employer began using E-Verify, DHS's electronic employment eligibility verification system.  (Payson, AZ)

On January 21, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. The charging party alleged that the company posted a discriminatory job advertisement on the Internet that excluded potential candidates such as asylees and refugees from employment based on their citizenship status. In response to OSC's investigation, the company eliminated the objectionable job postings and agreed to use non-discriminatory language in future job advertisements. (Bingham, MI)

On January 29, 2008, OSC issued a letter of resolution dismissing a charge of discrimination.  The LPR alleged citizenship status discrimination when she was not hired for a temporary staffing position with the company because she is not a U.S. citizen.  OSC issued letters of resolution after a bilateral settlement was reached between the parties in which the company agreed to hire the LPR and provide her $1,600 in back pay.  No other victims were identified during the course of the investigation. (Fridley, MN)

On January 31, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. 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 of the charge, the company withdrew the job posting and took steps to ensure that it would not post such advertisements in the future. Further, the company voluntarily committed not to discriminate on the basis of national origin or citizenship status and to avoid discriminatory language in all future job advertisements, and it placed an equal opportunity statement on its web site.  No victims of discrimination were identified during the investigation.  (Chicago, IL)

On February 1, 2008, OSC issued a letter of resolution dismissing a charge of document abuse. The charging party is work authorized as a Honduran citizen under the Temporary Protected Status program. Although the charging party's employment authorization document (EAD) bears an expiration date of September 9, 2007, it has been automatically extended by USCIS pursuant to a Federal Register notice. Despite this fact, the company rejected the charging party's EAD and terminated her employment. In response to OSC's investigation, the company entered into a bilateral agreement with the charging party providing for her reinstatement and $6,700 in back pay. In addition, OSC has trained the company's warehouse staff in southern California about employer's obligations under the antidiscrimination provision of the INA.  (Los Angeles, CA)

On February 21, 2008, OSC issued a letter of resolution dismissing a charge of document abuse filed by a Salvadoran national and Temporary Protected Status recipient. Specifically, the charging party alleged that the company terminated her because it failed to accept proof of her continued employment eligibility, even though her employment authorization had been automatically extended by the Department of Homeland Security. In response to the charge, the parties reached a bilateral agreement making the charging party whole.  Pursuant to this agreement, the charging party was permitted to retain her position, and did not lose any wages or benefits.  (Pleasanton, CA)

On February 22, 2008, OSC issued a letter of resolution dismissing a document abuse discrimination charge based upon a bilateral agreement reached by the charging party and the respondent. Under the agreement, the respondent hired and paid back wages to the charging party, and the charging party asked OSC to withdraw the charge.  The charging party, a Liberian permitted to live and work in the U.S. under a Deferred Enforced Departure order, was denied employment by the respondent, after the respondent improperly rejected his work authorization document that had been automatically extended by DHS. The respondent also agreed to educate its human resources staff regarding the anti-discrimination provision of the INA. (Washington, DC)

On February 25, 2008, OSC issued letters of resolution dismissing two charges of discrimination filed by a naturalized U.S. citizen. The U.S. citizen alleged document abuse and citizenship status discrimination by both respondents when he was terminated following the company's receipt of a tentative non-confirmation from E-Verify. OSC issued letters of resolution after a bilateral settlement was reached between the company and the charging party wherein the company offered to rehire the employee and to provide back pay in the amount of $3,626. The company also agreed to train its human resources personnel in proper employment eligibility verification procedures. No other victims were identified during the course of the investigation. (Los Angeles, CA)

On February 28, 2008, OSC issued a letter of resolution dismissing a charge based upon a bilateral agreement between the parties.  Allegedly the company posted six advertisements on the internet that targeted H1B visa candidates. In response to OSC's investigation of the charge, the company agreed to implement a number of remedial measures, including inserting an equal employment opportunity statement on its website, training its employees regarding the antidiscrimination provision of the INA, refraining from placing advertisements that specifically encourage applications from individuals with a specific immigration status, and compliance monitoring for one year.  No hiring was done on the basis of the offending job postings and no victims were identified.  (Nashua, NH) 

On February 29, 2008, OSC issued a letter of resolution dismissing a charge of document abuse. Specifically, the charging party, a citizen of El Salvador with Temporary Protected Status, alleged that his employer unlawfully terminated him because his employment authorization document (EAD) had apparently expired, even though the Department of Homeland Security had automatically extended the EADs of Salvadoran TPS recipients pursuant to a Federal Register notice. In response to OSC's investigation, the company paid the charging party $300 in back pay and reinstated him to his position. OSC also educated the company regarding the automatic extension of work authorization for certain individuals with TPS status.  (Whittier, CA)

On March 3, 2008, OSC issued a letter of resolution dismissing a document abuse discrimination charge because it has reinstated the charging party to his job.  The charging party, a Liberian national in Deferred Enforced Departure (DED) status, was fired by the company after he was denied an airport badge by the Philadelphia International Airport.  When the charging party clarified that he remained work authorized pursuant to his DED status, he was able to secure a new airport badge, and the company rehired him. (Philadelphia, PA)

On March 3, 2008, OSC issued a letter of resolution dismissing an independent investigation of citizenship status discrimination in recruitment and hiring based upon the company's agreement to implement several remedial measures to prevent citizenship status discrimination in its recruiting and hiring. As a result of OSC's investigation, the company agreed to display an equal employment opportunity statement prominently on its website; refrain from posting employment advertisements that encourage applications from individuals with a specific immigration status; and use OSC materials and resources to educate its recruiters about the requirements of 8 U.S.C. §1324b. In addition, OSC referred allegations of national origin discrimination in hiring to the Equal Employment Opportunity Commission for further review.  No victims of citizenship status discrimination were identified during OSC's investigation.  (Dover, DE)
 
On March 7, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination and document abuse filed by a former employee.  The charging party, an asylee, alleged that she was discharged by the company for failing to provide evidence of her continued employment eligibility even though she had presented an unrestricted Social Security card for Form I-9 purposes.  Pursuant to a bilateral agreement between the parties, the Charging Party received $3,949 in back pay.  In addition, the employer has agreed to send its human resources personnel to training on proper employment eligibility verification procedures. (Los Angeles, CA) 

On March 11, 2008, OSC issued a letter of resolution dismissing a citizenship status discrimination charge. The charging party, a U.S. citizen, alleged that he was terminated because the company prefers to hire foreign workers.  In response to OSC's investigation, the company entered into a bilateral agreement with the charging party that provided for his reinstatement and reimbursement for $1,000 lost wages. (Winterville, NC)

On March 14 2008, OSC issued letters of resolution dismissing a charge filed by a LPR alleging citizenship status discrimination, national origin discrimination, document abuse and retaliation when he was terminated for failing to correctly complete his Form I-9.  In response to OSC's investigation, the employer entered an agreement with the charging party that provided for reinstatement. (Tallahassee, FL)

On March 14, 2008, OSC issued letters of resolution dismissing a charge of discrimination filed by a  LPR alleging document abuse. Specifically, the charging party alleged that he was terminated as a teacher because he could not present an unexpired LPR card, despite the fact that he had already provided sufficient documents--a driver's license and unrestricted Social Security card -- for Form I-9 purposes.  In response to OSC's investigation the employer entered a settlement agreement with the charging party under which it reinstated him, paid him $376.65 in back pay, and agreed to provide remedial training on the I-9 employment eligibility verification process to the employer's human resources staff.  No other victims were identified during the course of the investigation.  (Dallas, TX)

On March 28, 2008, OSC issued a letter of resolution dismissing a charge of document abuse.  Specifically, the charging party, a citizen of El Salvador with Temporary Protected Status (TPS), alleged that the company refused to hire her because her employment authorization document (EAD) had expired, even though the DHS had automatically extended the EAD's of Salvadorian TPS holders in a Federal Register notice.  In response to OSC's investigation, the company entered into a bilateral agreement with the charging party under which it paid her $1,480.77 in backpay.  The charging party declined the company'soffer of employment because she found a higher paying job with a different employer. No other victims were identified during the investigation. (Apopka, FL)

On April 1, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination.  The charge alleged that the company posted job advertisements on the internet soliciting temporary visa workers to the exclusion of U.S. workers. In response to OS's investigation, the company withdrew the job postings and unilaterally committed not to discriminate in hiring on the basis of national origin or citizenship status.  Specifically, the company committed to use non-discriminatory language in all future job advertisements; educate its recruitment and hiring personnel about the provisions of 8 U.S.C.§ 1324b; place an equal opportunity statement in each future advertisement and on its website; provide a link to OSC's website on its website; and comply with OSC's Best Practices for Online Job Postings in the future.  No victims of discrimination were identified during the investigation. (Natick, MA)

On April 1, 2008, OSC issued a letter of resolution closing its independent investigation of an IT recruiting firm, because the company entered a settlement agreement resolving an administrative complaint that also resolved the issues raised in OS's investigation. Specifically, OSC's investigation explored whether the company committed citizenship status discrimination by preferring to hire temporary visa holders over U.S. workers.  Under the terms of its agreement the company agreed not to discriminate on the basis of national origin or citizenship status, and not to impose any job requirement that discriminates against U.S. workers.  It also agreed to post all future job announcements on a public job board in the United States, such as Monster.com or dice.com, so that U.S. workers may have an equal opportunity to compete for job vacancies, and committed not to conduct any recruitment seeking temporary visa holders to the exclusion of equally or better-qualified U.S. workers.  In addition, the company agreed to create an equal employment opportunity notice on its web site stating that the company does not discriminate on the basis of national origin or citizenship status in violation of 8.U.S.C.§ 1324b, and to provide a link to the OSC web site.  (Southfield, MI)

On April 2, 2008, OSC issued a letter of resolution dismissing a charge filed by the Programmers Guild against InfoVista Technology, LLC., based upon a bilateral agreement reached between the parties. The Programmers Guild, an association of U.S. information technology professionals, filed a charge alleging that InfoVista posted seven vacancy announcements on the internet that explicitly sought H1B visa candidates to the exclusion of U.S. workers.  As a result of OSC's investigation, InfoVista Technology entered into an agreement with the Programmers Guild in which agreed to implement a number of corrective measures, including: inserting an Equal Employment Opportunity statement on its website; training its employees regarding the anti-discrimination provision of the Immigration and Nationality Act; refraining from placing advertisements that specifically encourage applications from individuals with a specific immigration status; and allowing OSC to monitor compliance with this agreement for the period of one year.  (Sunnyvale, CA)

On April 10, 2008, the Office of Special Counsel (OSC) issued a letter of resolution dismissing a charge of document abuse filed on behalf a Temporary Protected Status (TPS) recipient by the Employment Law Center in San Francisco. The charge alleged that the company asked the TPS recipient to produce an unexpired employment authorization document (EAD) for employment eligibility reverification (Form I-9) purposes.  Although she informed the company that the EADs of Salvadorian TPS recipients had been automatically extended by the Department of Homeland Security (DHS), she was terminated.  In response to OSC's investigation, the company entered an agreement with the injured party under which she received $5,944 in lost wages and was reinstated to her original position. (Colman, CA)

On April 11, 2008, OSC issued a letter of resolution dismissing a charge of document abuse by a TPS worker from El Salvador.  The charge alleged that the company committed document abuse when it failed to recognize that the TPS worker was authorized to work pursuant to an automatic work extension under the TPS program during the employment eligibility re-verification process.  In response to OSC's investigation, the company unilaterally resolved the issues raised in the charge by re-hiring the TPS worker and offering her full back pay. (Tallahassee, FL)

On April 11, 2008, OSC issued a letter of resolution dismissing a charge of document abuse.  The charging party, a legal permanent resident, alleged that the company rejected his valid lawful permanent resident card for Form I-9 purposes, demanded more employment eligibility verification documents, and fired him. In response to OSC's investigation, the company entered into a bilateral settlement with the charging that provided him with $4,000 in back pay.  The company also offered to hire the charging party, but he declined the offer.  In addition, the company agreed to attend training on proper employment eligibility verification procedures.  (New York, NY)

On April 17, 2008, the OSC issued a letter of resolution dismissing a charge of document abuse and citizenship status discrimination filed by an individual who has applied for adjustment of status to lawful permanent resident. The charging party alleged that the company failed to hire him after discovering his citizenship status.  In response to OSC's investigation, the company negotiated a bilateral settlement agreement with the charging party for $5,000 in back pay.  (Boston, MA)

On April 17, 2008, OSC issued a letter of resolution dismissing a charge of discrimination filed by a legal permanent resident (LPR). The LPR alleged that she was improperly subjected to Form I-9 reverification and terminated when she could not produce an unexpired green card.  In response to OSC's investigation, the parties entered into a bilateral settlement that provided for reinstatement of the charging party, $826.58 in back pay, and remedial training on the I-9 employment eligibility verification process for the employer's human resources staff.  No other victims were identified during the investigation. (Kirtland, OH)

On April 21, 2008, OSC issued a letter of resolution dismissing a charge of document abuse alleging that the company unlawfully rejected the applicant's employment authorization document (EAD), which had been automatically extended by DHS under the Temporary Protected Status (TPS) program.  The company immediately and unilaterally resolved the issues raised in the charge by offering to hire the charging party; retraining its regional managers and employees at its two national call centers about documents that may be presented by recipients of TPS; modifying its Form I-9 document tracking system to allow overrides for automatic extensions of EADs; and agreeing to recommend that its human resources staff and new hires contact OSC's employer or worker hotlines with any Form I-9 related questions.  (Phoenix, AZ)

On April 25, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination and document abuse.  Specifically, the charging party, a United States citizen, alleged that the company withdrew its offer of employment because he did not have a Social Security card.  In response to OSC's investigation, the company unilaterally agreed to take remedial measures to resolve the matter.  It sent the charging party a letter of apology and invited him to reapply for the position. In addition, it committed to educate its human resources staff on how to clearly and accurately communicate to new hires the various documents acceptable for employment eligibility verification.  (Watertown, MA)

On May 28, 2008, OSC issued a letter of resolution dismissing an independent investigation of citizenship status discrimination in recruitment based upon the company's corrective actions and implementation of measures to prevent citizenship status discrimination in recruiting. This independent investigation was part of OSC's Internet Targeting Initiative.  Under this initiative, OSC identified the company because it posted five advertisements on Hotjobs.com stating that applicants must be U.S. citizens or green card holders.  As a result of the investigation, the company removed the citizenship and green card holder requirement from its job announcements, placed an equal employment opportunity statement prominently on its website, and will use OSC materials and resources to educate its recruiters about the anti-discrimination provision of the INA. (Schaumburg, IL)

On June 11, 2008, OSC issued a letter of resolution dismissing a document abuse charge. The charging party, a naturalized U.S. citizen, alleged that he was subjected to document abuse when the company asked for his employment eligibility verification documents.  In response to OSC's investigation, the company entered into a bilateral settlement with the charging party that provided him with $3,600 in back pay.  (Phoenix, AZ)

On June 17, 2008, OSC issued a letter of resolution dismissing a charge of document abuse brought by a naturalized U.S. citizen originally from Mexico.  The charge alleged that Respondent, a grocery store which is part of a national chain, committed document abuse when it requested work authorization documents several years after the employee had begun work and refused to accept documents demonstrating that the employee was a recently naturalized citizen. In response to OSC's investigation, the company unilaterally resolved the issues raised in the charge by re-hiring the employee, providing her full back pay (approximately $2,500) for the period of her suspension, and stating that it would train its nationwide human resources staff on proper Form I-9 procedures.  (Palo Alto, CA)

On June 18, 2008, OSC issued a letter of resolution, resolving a charge of citizenship status discrimination, national origin discrimination, and retaliation.  Specifically, the charging party, a U.S. citizen, alleged that the company committed unlawful discrimination when it terminated him because it preferred to employ undocumented workers.  In response to OSC's investigation, the company paid the charging party $784 in back pay to account for the fact that it laid him off a week earlier than another, similarly situated worker.  (Admore, AL)

On June 25, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. Specifically, the charging party, a Legal Permanent Resident (LPR), alleged that the dairy refused to offer him employment at its new dairy because it preferred undocumented workers.  The parties entered into a bilateral agreement which resolved all issues. Under the agreement, the charging party will receive $5,000 in back pay.  (Visalia, CA)

On June 25, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination.  As a result of OSC's investigation, an agreement was reached between the charging party, a U.S. citizen, and the Company. The Company agreed to re-hire the charging party, a part-time custodian and ceiling cleaner.  (Laredo, TX)

On June 30, 2008, OSC issued a letter of resolution dismissing a charge. The charging party, a permanent resident, alleged that he was subjected to "document abuse"(over-documentation in the employment eligibility verification process) when the company requested that he provide an alien registration number when completing the Form I-9. In response to OSC's investigation, the company offered the charging party reinstatement and corrected its employment eligibility verification practices. (Los Angeles, CA)

On July 1, 2008, the OSC issued a letter of resolution dismissing a charge of document abuse filed by a Vietnamese national LPR ("charging party").  Specifically, the Charging Party alleged that the company terminated her after it refused to accept her LPR card as proof of her employment eligibility. The company allegedly rejected the Charging Party's LPR card because she also possessed a restricted Social Security card (i.e., one usually given to foreign nationals with temporary or no work authorization).  The parties reached a bilateral agreement making the Charging Party whole.  OSC considered the charge resolved because the Charging Party was permitted to retain her position, and did not lose any wages.  (Clearwater, FL)

On July 1, 2008, OSC issued a letter of resolution dismissing a document abuse discrimination charge.  The Charging Party asked OSC to withdraw the charge after Respondent agreed to place the Charging Party on its "call list" for future employment,and pay him back pay in the amount of $910.40. In addition, the Respondent agreed to incorporate OSC materials in human resource staff training on employer obligations under the anti-discrimination provision of the INA. The Charging Party, a Salvadoran under Temporary Protected Status, was denied employment when he presented his EAD, which, although it appeared expired on its face, had been automatically extended by DHS via a Federal Register notice.  (Las Vegas, NV)

On July 9, 2008, OSC issued a letter of resolution dismissing a "document abuse" charge.  The charging party, a native of Honduras who was granted Temporary Protected Status (TPS), alleged that she was subjected to "document abuse"; (over-documentation in the employment eligibility verification process) when the company requested that she provide a new employment authorization card for employment eligibility re-verification. The Respondent was unaware that, as a TPS recipient, she had been granted an automatic extension of her employment authorization by the U.S. Department of Homeland Security.  In response to OSC's investigation, the company entered into a bilateral settlement with the charging party that provided her with $3,000 in back pay. (Oakland, CA)

On July 11, 2008, OSC issued a letter of resolution dismissing a charge of discrimination filed by a Temporary Protected Status (TPS) worker from El Salvador.  The TPS worker alleged document abuse when she was terminated for not producing documents to re-verify her employment status even though her employment eligibility was automatically extended by the U.S. Department of Homeland Security.  OSC issued letters of resolution after a bilateral settlement was reached between the parties wherein the company provided back pay in the amount of $420.  Reinstatement of employment was rejected by the employee.  No other victims were identified during the course of the investigation.  (Las Vegas, NV)

On July 15, 2008, OSC issued a letter of resolution dismissing a charge of document abuse.  The charging party alleged that the employer demanded to see additional documents that were not necessary to establish her work authorization during the Form I-9 process. In response to OSC's investigation, the company entered into a bilateral agreement with the charging party providing for her reinstatement and $784.08 in back pay.  (Texarkana, TX)

On July 18, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination. The charge alleged that the company discriminated against U.S. workers by posting a job on Dice.com which reads, H-1 Transfers [sic] is required. Our investigation showed that as a result of the job posting, the company hired both H-1B visa holders and U.S. workers.  The employer has unilaterally taken steps to ensure that its future job postings contain no language that could be construed as stating a preference for H-1B visa holders.  (Kenner, LA)

On July 24, 2008, OSC issued a letter of resolution dismissing a charge of discrimination filed by an employee, a U.S. citizen. The employee alleged document abuse when she was requested to produce additional documentation to establish her employment eligibility even though she had produced her driver's license and unrestricted Social Security card.  OSC issued letters of resolution after a bilateral settlement was reached between the parties wherein the company provided back pay in the amount of $1,000.  Reinstatement of employment was rejected by the employee. No other victims were identified during the course of the investigation. (Greely, CO)

On July 25, 2008, OSC issued a letter of resolution dismissing two related charges of citizenship status discrimination and document abuse.  The charging parties, both lawful permanent residents (LPRs), alleged that they applied for positions and were not hired because the documents that they presented for form I-9 purposes--Social Security cards and permanent resident (or"green") cards--were unlawfully rejected as appearing fake. In response to OSC's investigation, the employer entered into bilateral settlement agreements with the charging parties that provided each with $800 in back pay.  In addition, the employer has committed to train its human resources staff on proper employment eligibility verification procedures.  (Lexington, NE)

On August 19, 2008, OSC issued a letter of resolution dismissing a charge of discrimination alleging document abuse. Specifically, the LPR's employment was terminated because the permanent resident card that he presented for form I-9 purposes at the time of hire did not have an expiration date.  In response to OSC's investigation, the parties reached a bilateral agreement resolving the charge.  Pursuant to the agreement, the LPR received $3,500 in back pay. However, he declined an offer of employment because he is now happily employed elsewhere. (Champaign, IL)

On September 4, 2008, OSC issued a letter of resolution dismissing a charge of document abuse filed by a Salvadorian Temporary Protected Status (TPS) recipient.  The charge alleged that the TPS recipient’s supervisor had asked her to produce an unexpired employment authorization document (EAD) in order to reverify her employment authorization.  Although the company was informed that the worker was covered by an automatic work authorization extension issued by the Department of Homeland Security (DHS) to Salvadorian TPS holders, she was terminated.  In response to OSC's investigation, a bilateral agreement was reached between the parties resolving the issues raised in the charge. Under the agreement, the company paid the TPS recipient $5,214 in back pay and reinstated her to her original position. (Falls Church, VA)

On September 18, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status and national origin discrimination.  The charging party, a U.S. citizen, alleged that the company had published job advertisements stating a discriminatory preference for foreign workers possessing U.S. work visas. In response to the charge, the company committed to develop a relationship with the State of Illinois Department of Employment Security and to fully utilize the State's resources to identify and consider U.S. worker applicants for each of company's U.S. positions. Additionally, the company trained its human resources staff on federal antidiscrimination laws, has not published discriminatory advertisements since the charge was filed, and has published an equal opportunity policy on its website stating it does not discriminate on the bases of citizenship status or other prohibited bases. No victims of discrimination were identified during the course of the investigation.  (Arlington, IL)

On September 25, 2008, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination.  The charging party, a U.S. citizen, alleged that the company had published an Internet-based job posting that reflected a preference for foreign workers possessing U.S. work visas. The investigation failed to develop any significant evidence suggesting a pattern or practice of improper recruitment postings or an impermissible hiring preference favoring non-U.S. workers. However, in response to the charge, the company agreed to modify its corporate equal employment opportunity statement to include citizenship status as a prohibited basis of discrimination, and adopted internal recruitment policies consistent with OSC's "Best Practices for Online Job Postings". (Arlington, TX)

On September 29, 2008, OSC issued a letter of resolution dismissing a charge filed by a nurse who is a naturalized U.S. citizen.  The employer utilizes E-Verify to verify the work authorization of its new employees. The employer terminated the nurse after it received a tentative nonconfirmation of her employment authorization from E-Verify, contrary to E-Verify procedures. In response to OSC's investigation, the nurse was immediately reinstated and the employer paid the nurse $461 in back pay. (Raleigh, NC)

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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