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OSC Letters of Resolution for FY2012

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 2012 (October 1, 2011 - September 30, 2012):

On November 17, 2011, the Division issued a letter of resolution, resolving allegations that the company engaged in unfair documentary practices in the employment eligibility verification process. Specifically, the Charging Party alleged that the employer required him to provide a Social Security card in addition to his U.S. Passport as proof of his employment eligibility. The letter of resolution provided that all employees involved in completing the I-9 Employment Eligibility Verification form participate in an OSC webinar, which took place on November 15, 2011. (Rancho Mirage, CA)

On December 7, 2011, the Division issued a letter of resolution, resolving an investigation that the company discriminated on the basis of citizenship status in hiring and recruiting when it placed web-based job advertisements seeking janitorial workers with U.S. citizen status. The investigation revealed that the U.S. citizenship requirement in the job postings was not pursuant to law, regulation, government contract, or determination by the Attorney General, and was in violation of 8 U.S.C. § 1324b's prohibition on citizenship status discrimination. The letter of resolution provides that the employer agrees not to discriminate on the basis of citizenship status, will participate in an OSC-sponsored webinar regarding an employer's responsibilities under § 1324b, and has ceased posting discriminatory job advertisements. (Des Moines, IA)

On December 7, 2011, the Division issued a letter of resolution, resolving an investigation that the company discriminated on the basis of citizenship status in hiring and recruiting when it placed web-based job advertisements seeking woodworkers with U.S. citizen status. The investigation revealed the U.S. citizenship requirement in the job postings was not pursuant to law, regulation, government contract, or determination by the Attorney General, and was in violation of 8 U.S.C. § 1324b's prohibition on citizenship status discrimination. The letter of resolution provides that the employer agrees not to discriminate on the basis of citizenship status, will participate in an OSC-sponsored webinar regarding an employer's responsibilities under § 1324b, and has ceased posting discriminatory job advertisements. (Marshalltown, IA)

On December 20, 2011, OSC issued a letter of resolution, resolving a charge of discrimination that the company discriminatorily fired an individual based on her national origin. The letter of resolution provides that the employer will participate in an OSC-sponsored webinar regarding an employer's responsibilities under § 1324b. (Santa Fe Springs, CA)

On December 20, 2011, OSC issued a letter of resolution, resolving an independent investigation into the company's online job postings, which imposed a U.S. citizenship requirement on applicants for a range of full time positions. The company had no basis to impose such a requirement and immediately ceased the practice after notice by OSC. The letter of resolution provides that the company's human resources staff will commit to attending an OSC webinar on the I-9 process and the anti-discrimination provision of the INA on January 24, 2012. (Chicago, IL)

On December 22, 2011, OSC issued a letter of resolution, resolving an investigation that the company discriminated on the basis of citizenship status in hiring and recruiting when it placed web-based job advertisements seeking nurses with United States citizen status. The investigation revealed the United States citizenship requirement in the job postings was not pursuant to law, regulation, government contract, or determination by the Attorney General, and was in violation of 8 U.S.C. § 1324b's prohibition on citizenship status discrimination. The letter of resolution provides that the employer agrees not to discriminate on the basis of citizenship status, has ceased its discriminatory job postings, and will participate in an OSC-sponsored webinar regarding an employer's responsibilities under § 1324b. (Sunrise, FL)

On January 4, 2012, OSC issued a letter of resolution, resolving an investigation into allegations that the company used the Social Security Number Verification Service (SSNVS) to verify employees' employment eligibility based on their national origin. The letter of resolution provides that the employer will ensure that its use of SSNVS is separate from its employment eligibility verification procedures and that it will not use SSNVS to verify employees' employment eligibility. (Vancouver, WA)

On January 13, 2012, OSC issued a letter of resolution, resolving an investigation into allegations that the employer deemed the charging party's passport insufficient for the Form I-9 and insisted on the production of a Social Security card. OSC determined that the underlying charge did not have merit and should be dismissed. The investigation revealed, however, that there were significant irregularities in the employer's Form I-9 practices. The letter of resolution provides that the employer will revise its Form I-9 policies and procedures and train its HR professionals. (Montclair, NJ)

On January 31, 2012, OSC issued a letter of resolution, resolving an investigation into allegations that the company disciminated on the basis of document abuse based on national origin. The company allegedly demanded the charging party, a lawful permanent resident, present a green card. The letter of resolution includes full back pay of $900 and training of the company's HR personnel on the anti-discrimination provisions of the INA. (Bedford Glen, MA)

On February 24, 2012, OSC issued a letter of resolution, resolving an alleged document abuse and firing based on citizenship status because the Respondent rejected his voter registration card and social security card when completing the Form I-9 and requested additional documents. The investigation revealed the Charging Party was fired for legitimate, non-discriminatory reasons and the individual claim is being dismissed. However, the investigation also revealed a number of concerns unrelated to the charge with respect to the Respondent's general Form I-9 policies and practices. A letter of resolution dismissing the underlying charge but formalizing the Respondent's commitment to take appropriate training from OSC and CIS. (New York, NY)

On March 15, 2012, the Division issued a letter of resolution, resolving allegations that the company engaged in unfair documentary practices in the employment eligibility verification process. Specifically, the Charging Party alleged that the Company rejected his valid Employment Authorization Document, which had been extended by the DHS by Federal Register notice, and terminated him for failing to provide additional proof of work authorization. The Charging Party's claims were resolved between the time that the charge was filed and received by the Division, and the Company agreed to undergo training on the INA's antidiscrimination provision to prevent potential discrimination in the future. (Key West, FL)

On March 16, 2012, the Division issued a letter of resolution, resolving allegations that the company engaged in national origin discrimination. Specifically, the Charging Party alleged that the company terminated her due to her national origin, after a patient complained that the CP spoke Spanish in the patient's presence. OSC determined that the underlying charge did not have merit. The investigation, however, also revealed that the company needed to clarify its practice and policy concerning its employees' use of languages other than English in the workplace. The company agreed to conduct training for its HR professionals on the anti-discrimination requirements of the Immigration and Nationality Act, and to review its present language policy to prevent potential discrimination in the future. (Allentown, PA)

On April 6, 2012, OSC issued a letter of resolution to dismiss a charge of document abuse discrimination filed by a Mexican national and lawful permanent resident against a corporation owning numerous chain restaurants. The charging party, a cashier, alleged that the corporation terminated her due to her immigration status. OSC dismissed the charged based on the parties entering into a bilateral resolution of the charge, whereby the charging party received $6,000 in back pay. The charging party is currently in school and so did not seek reinstatement. The corporation will participate in an OSC webinar. (Dallas, TX)

On May 1, 2012, OSC issued a Letter of Resolution ("LOR") involving a charge of discrimination against the a company. The CP, a United States citizen, alleged that the company improperly re-verified his employment eligibility status. OSC determined that the underlying charge did not have merit and should be dismissed. The investigation, however, also revealed some irregularities with the Form I-9 process that, while not rising to the level of discrimination under 8 U.S.C. ' 1324b, raise some concerns. The Respondent has agreed to an LOR requiring training for its HR professionals to ensure best practices, and to review its present Form I-9 policies and procedures. The training will take place on May 16, 2012, and OSC staff will conduct the training. (Washington, DC)

On May 2, 2012, OSC issued a letter of resolution, resolving allegations that a nursing care facility had committed document abuse. The Charging Party claimed that the company required specific documents for the Form I-9 and refused to hire the Charging Party for protesting the document requests. Although the investigation found that the document requests were unrelated to the Form I-9 process and that this fact was communicated to the Charging Party at the time of the request, OSC also found deficiencies in the company's Form I-9 process. The letter of resolution was issued based on the company's willingness to participate in an OSC webinar training. (Orlando, FL)

On May 2, 2012, OSC issued a letter of resolution resolving a charge of document abuse. The Charging Party, a U.S. citizen, alleged that Respondent committed document abuse based on citizenship status by denying him the opportunity to be compensated for serving on the Student Council when they required him to produce a valid Social Security Card during the Form I-9 Employment Eligibility Verification process, despite having presented a valid passport. The Charging Party provided his Social Security Number but did not have his Social Security Card. As part of the letter of resolution, all employees responsible for the Form I-9 process will participate in a webinar provided by OSC, and Charging Party has accepted $900 in monetary compensation. (Seattle, WA)

On May 9, 2012, OSC issued a letter of resolution with a corporation responsible for designing computer systems for employers. The corporation posted an employment advertisement that required the person be a "U.S. Citizen." After investigating the matter it appears that the advertisement was an anomaly, and that the requirement of U.S. citizenry on the posting was done without discriminatory intent. OSC agreed to dismiss the charge because the corporation has agreed to refrain from publishing similar advertisements without legal authority and engage in training, including participating in an OSC's webinar. (Boca Raton, FL)

On May 16, 2012, OSC issued a letter of resolution closing an independent investigation in West Sacramento, California. OSC had opened an independent investigation based on a job flier that asked applicants to bring a passport and social security card. Despite the limiting language on the job flier, the investigation revealed no discriminatory demands on I-9 forms or in hiring decisions. The letter of resolution includes revisions to Respondent's policies and updated language for future job postings. (West Sacramento, CA)

On May 17, 2012, OSC issued a letter of resolution resolving a charge of document abuse. Charging Party, a native-born U.S. citizen, alleged document abuse, because she was fired for refusing to complete an I-9 three years after she started working there. She had never completed an I-9 for the company. A bilateral resolution has been reached between the parties wherein she was reinstated and paid $803.12 in back pay. (East Newport, NY)

On June 26, 2012, OSC issued a letter of resolution resolving an investigation that the company discriminated on the basis of citizenship status in hiring and recruiting when it placed web-based job advertisements seeking mechanics and technicians with United States citizen status. The investigation revealed the United States citizenship requirement in the job postings was not pursuant to law, regulation, government contract, or determination by the Attorney General, and was in violation of 8 U.S.C. § 1324b's prohibition on citizenship status discrimination. The letter of resolution provides that the company agrees not to discriminate on the basis of citizenship status, has ceased its discriminatory job postings, and has or will participate in an OSC-sponsored webinar regarding an employer's responsibilities under § 1324b. (Oak Brook, IL)

On July 3, 2012, OSC issued a letter of resolution closing an independent investigation in Cary, North Carolina. OSC opened an independent investigation on May 1, 2012, based on a job advertisement posted online restricting applications for car wash attendant positions to U.S. citizens. While investigation revealed that the citizenship status was not lawful, it also established that the employer had taken no action on the advertisement due to delays in completing its car wash facility. When advised of the requirements of 8 U.S.C. § 1324b, the employer agreed to conform its recruitment and hiring policies and practices to those requirements. (Cary, NC)

On July 12, 2012, OSC issued a letter of resolution resolving a charge of document abuse. The Charging Party alleged document abuse based upon citizenship status when the company suspended her from working when she was unable to maintain her security clearance after she changed her name following her divorce. After resolving the security badge issue, the parties entered into a bilateral agreement wherein the Charging Party was reinstated with seniority and full back-pay in the sum of $3,000. (Bloomington, MN)

On July 23, 2012, OSC issued a letter of resolution to a company in Washington, DC. On February 28, 2012, OSC initiated an independent investigation of the Respondent ("RP"), to determine whether a pattern or practice of discrimination existed. This investigation was initiated in response to an October 2011, online job posting that was requiring U.S. citizenship for a CPR/First Aid/Health Care Provider Instructor in Boston, MA. The RP's educational component is located in the Washington, DC area. After OSC educated the employer regarding the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b, particularly its citizenship status provision, the employer agreed to conform all of its recruitment and hiring policies and practices to those requirements. (Washington, DC)

On July 31, 2012, OSC issued a letter of resolution to a company in Matthews, North Carolina. On October 25, 2011, OSC opened an investigation of a charge by a work-authorized individual with TPS alleging citizenship status discrimination and document abuse. The Charging Party ("CP") alleges he was improperly terminated by the company during the I-9 re-verification process even though his EAD had automatically been extended. The investigation revealed that despite the absence of citizenship status discrimination and document abuse, the company acted improperly and rejected the valid EAD of a work-authorized individual. OSC agreed to resolve this matter pursuant to a bilateral settlement agreement between the company and the CP providing him back pay of $5,800 and reinstatement to his former position and OSC training of the company's human resource personnel. (Matthews, NC)

On September 11, 2012, OSC issued letters of resolution closing two independent investigations in Anaheim, California. These independent investigations were opened based on allegations of potential discrimination by each company in the employment eligibility verification (Form I-9 and E-Verify) process. Specifically, OSC investigated allegations that one company was treating U.S. citizens and non-U.S. citizens differently in the E-Verify process and that the other company was treating U.S. citizens and non-U.S. citizens differently in the Form I-9 process. The companies agreed to correct their practices and to undergo training to avoid potential future claims of discrimination. (Anaheim, CA)

On September 14, 2012, OSC issued a letter of resolution closing an independent investigation in Carbondale, Illinois. OSC started an independent investigation based on a letter from the company where it requested a driver's license and Social Security card from new employees. During the investigation, it was discovered that no individual was refused hire or terminated as a result of not producing these employment eligibility verification documents. The company decided to remove the letter entirely from its hiring process and will discuss employment eligibility verification procedures with employees via phone call once it receive word of their acceptance of the position. (Carbondale, IL)

On September 18, 2012, OSC issued a letter of resolution closing an independent investigation with a company in Salem, Oregon. The independent investigation was opened based on an intervention completed in March 2012 that revealed the company was engaged in a pattern or practice of discrimination in the employment eligibility reverification process. A letter of resolution was issued based on significant unilateral corrective action on the part of the company that addressed all of OSC's concerns. (Salem, OR)

On September 18, 2012, the Division issued a letter of resolution resolving allegations that the company engaged in unfair documentary practices in the employment eligibility verification process. Specifically, the Charging Party alleged that the Company demanded more or different documents than required by law, and refused to provide back pay after she was terminated – though eventually re-hired— for failing to provide additional proof of work authorization. The Company has provided $2,980.58 in back pay to the Charging Party, and has agreed to undergo training on the INA's anti-discrimination provision to prevent potential discrimination in the future. (Los Angeles, CA)

On September 20, 2012, OSC issued a letter of resolution, resolving allegations that a facility had committed national origin discrimination. The Charging Party, a Russian national, claimed that the company demoted her and reduced her work schedule because of her accent. The Charging Party and the Respondent reached a bilateral agreement resolving all issues of the Charging Party's charge. The agreement requires that the Respondent provide back pay of $1,200 to the Charging Party for lost wages from April 13, 2012, until June 5, 2012, the day of her discharge; Respondent to require its employees to participate in a webinar training provided by OSC; and Respondent to issue a recommendation letter to the Charging Party. In return, the Charging Party withdrew her complaints. The letter of resolution was issued also based on the Charging Party's agreement that the bilateral agreement fully resolves the issues raised in the charge filed with OSC. (Columbia, MO)

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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