OSC Letters of Resolution for FY2013

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 2013 (October 1, 2012 - September 30, 2013):

On October 2, 2012, OSC issued a letter of resolution resolving a charge of discrimination alleging that a company committed document abuse against an individual with TPS when it refused to accept the individual's automatically-extended EAD during the Form I-9 reverification process. The letter of resolution acknowledges that the company reinstated the charging party and paid back pay for lost wages in the amount of $2,700, and that certain company officials will participate in an OSC-sponsored webinar. The company also will ensure compliance with 8 U.S.C. § 1324b and applicable USCIS guidance regarding employment eligibility documents. (Kinston, NC)

On October 3, 2012, OSC issued a letter of resolution after investigating the charge filed by a Puerto Rican national against a national food producer. The letter was issued because the charging party and the EEOC signed a settlement agreement providing, among other things, $10,000 for the charging party. The charging party is currently employed for another employer and no longer wanted to work for the company, which has agreed to undergo training on matters pertaining to 8 U.S.C. § 1324b, including taking one of OSC's webinars within ninety days of receipt of the letter. (Dallas, TX)

On October 4, 2012, OSC issued a letter of resolution to a company based on a charge that alleged citizenship status discrimination, document abuse and retaliation. While the evidence was insufficient to establish reasonable cause with respect to the charging party's claim, additional evidence raised concerns about discriminatory language on the employer's application and misunderstandings on proper Form I-9 procedures. The employer revised its application form and agreed to training. (Lenox, GA)

On October 26, 2012, OSC issued a letter of resolution resolving an investigation that the company discriminated on the basis of citizenship pattern and practice. The company agreed to review the free educational materials regarding best compliance practices available on its website within the next three month; evaluate employment practices to ensure continuing compliance with the law; and, to the extent that the company seeks applicants with experience, it will explicitly state in job advertisements that the company is seeking applicants with job related experience. (Southwick, MA)

On October 26, 2012, OSC issued a letter of resolution resolving a charge of discrimination alleging that a company committed document abuse against an individual when it allegedly refused to accept the individual's unrestricted Social Security card during the Form I-9 reverification process. The letter of resolution acknowledges that the company reinstated the charging party and paid back pay for lost wages, and that employees responsible for completion and oversight of the Form I-9 employment eligibility verification and reverification process have received comprehensive training on proper Form I-9 and E-Verify procedures and related antidiscrimination concerns raised by 8 U.S.C. § 1324b. (Tempe, AZ)

On November 9, 2012, OSC issued a letter of resolution following an independent investigation. OSC initiated the investigation based upon a referral from E-Verify indicating that the company was not consistently printing Tentative Non-Confirmation ("TNC") Notices. A review of Respondent's hiring practices revealed that neither U.S. citizens nor non-citizens were harmed by these practices because the employer allowed them to continue to work without regard to the TNC response from E-Verify. Although OSC found no evidence of discrimination, just E-Verify misuse, Respondent agreed to attend two webinar trainings: one on the anti-discrimination provision of the INA from OSC and one on the proper use of E-Verify from USCIS. It has also agreed to improve its internal human resources staff training and oversight. (Twin Bridges, CA)

On November 13, 2012, OSC issued a letter of resolution following an investigation. The investigation was based on a charge from a long-term Lawful Permanent Resident who alleged citizenship status discrimination, document abuse and retaliation. During the investigation, the Charging Party was reinstated with full seniority, vacation, and pay. While the evidence was insufficient to establish reasonable cause with respect to the Charging Party's claims, a review of Respondent's hiring practices revealed that Respondent would benefit from additional training. As part of this resolution, Respondent agreed to attend two webinar trainings: one on the anti-discrimination provision of the INA from OSC and one on the proper use of E-Verify from USCIS. It has also agreed to improve its internal human resources staff training and oversight. (New Glarus, WI)

On December 4, 2012, OSC issued a letter of resolution following an independent investigation. The investigation was based on a job advertisement posting found online restricting applications for unarmed security guard positions to U.S. citizens. The investigation revealed that the citizenship status requirement was not lawful and three additional postings of the restriction were found. While the evidence did not identify economic victims, as a part of the resolution, the Respondent agreed to not recruit or hire workers based on their citizenship status, remove all job advertisements requiring U.S. citizenship, monitor its job advertisements for potentially discriminatory language, and attend an OSC training webinar. (Durham, NC)

On December 12, 2012, OSC issued a letter of resolution resolving a charge of discrimination alleging that a company committed citizen discrimination against a U.S. citizen when he was fired in preference of H-1B workers. The letter of resolution acknowledges that the company reached an agreement with charging party and paid back pay for lost wages in the amount of $15,000. The charging party is currently employed for another employer and no longer wanted to work for the company. The company will ensure compliance with 8 U.S.C. § 1324b regarding citizen discrimination during the hiring/firing process. (Manassas, VA)

On December 21, 2012, OSC issued a letter of resolution following the investigation of a charge brought against a temporary staffing agency. The charge alleged that the company terminated the Charging Party, a naturalized U.S. citizen, after the receipt of an E-Verify tentative nonconfirmation, based on the Charging Party's citizenship status. The company agreed to pay the Charging Party full back pay, participate in an OSC-led training, and revise its employment eligibility verification procedures to comply with applicable rules. (Atlanta, GA)

On December 21, 2012, OSC issued a letter of resolution resolving a charge of document abuse discrimination alleging that a job applicant was not hired based on a background check by a third party commercial ability to provide the issuance state and dates of applicants' Social Security number based on their citizenship status. The letter of resolution acknowledged that the company will not deny employment based on a third party vendor's inability to provide such information. The company also ensured compliance with 8 U.S.C. § 1324b regarding citizen discrimination during the hiring process. (Beverly, MA)

On December 31, 2012, OSC issued a letter of resolution resolving an independent investigation of discrimination alleging that a company committed document abuse in the application process by requiring that job applicants present a driver's license and Social Security card. The letter of resolution acknowledges that the company will not require applicants to submit a driver's license and Social Security card and will not reject List A documents such as a U.S. passport. The company also agreed not to require documents at the time of application. The company will ensure compliance with 8 U.S.C. § 1324b regarding citizen discrimination during the hiring process. (Greenville, TN)

On December 31, 2012, OSC issued a letter of resolution resolving a charge of discrimination alleging that a company committed document abuse in the application process by requiring that job applicants present proof of U.S. citizenship. The letter of resolution acknowledges that the company will not recruit or hire workers based on their citizenship status in violation of 8 U.S.C. § 1324b. (Frisco, TX)

On January 3, 2013, OSC dismissed a charge of document abuse after the parties reached an agreement to settle a related EEOC charge for $7,000 in back pay. As part of the dismissal, Respondent has also agreed to participate in an OSC educational webinar. (Chatsworth, CA)

On January 9, 2013, OSC issued a letter of resolution following an investigation. The investigation resulted from a referral from USCIS. While the evidence was insufficient to establish a violation of 8 U.S.C. ' 1324b, the company agreed that all of its human resources staff will attend two webinar trainings: one on the anti-discrimination provision of the INA from OSC and one on the proper use of E-Verify from USCIS. Immediately preceding the investigation and during the investigation, Respondent had already made significant efforts to improve its internal human resources staff training and oversight. Respondent has further agreed to be subject to and cooperative with further monitoring from OSC over the next year. (Gulfport, MS)

On January 17, 2013, OSC issued a letter of resolution following an independent investigation. The investigation resulted from a website pre-investigation where Responded was found to post a job vacancy open to U.S. citizens only. Immediately preceding the investigation and during the investigation, Respondent had already made the changes necessary to avoid any discrimination practices. Respondent immediately corrected the wording on the job posting and re-advertised for all work authorized persons to apply. Respondent agreed that all of its hiring staff will attend a webinar training on the anti-discrimination provision of the INA. (Tucker, GA)

On February 13, 2013, OSC issued a letter of resolution to a company, in response to measures the company has taken to address concerns about its employment eligibility verification practices. In particular, the company took corrective action to ensure that its reverification practices comply with Form I-9 rules and the Immigration and Nationality Act's Anti-Discrimination Provision, and voluntarily agreed to conduct companywide training on the Form I-9 process. (Atlanta, GA)

On February 21, 2013, OSC and a company entered into a letter of agreement resolving the issue raised by a charge alleging retaliation under 8 U.S.C. § 1324b. The Charging Party ("CP"), a United States citizen, alleged that her employer retaliated against her by not using her as a substitute teacher, after the CP had contacted OSC's worker hotline to seek assistance. OSC determined that the underlying charge did not have merit and should be dismissed. The company, however, agreed to participate in one of OSC's employer webinars to ensure that their human resources personnel engage in best practices under 8 U.S.C. § 1324b. (Carey, OH)

On February 28, 2013, a letter of resolution was issued reflecting the Respondent's commitment to provide continual training on verifying employment eligibility, to abide by immigration-related unfair employment practices dictated by 8 U.S.C. § 1324b, and to post OSC's antidiscrimination poster in its employment office. Charging Party, a native-born U.S. citizen, alleged document abuse, because he was required to produce a Social Security card, even though he presented a U.S. passport and driver's license to establish his employment eligibility. The investigation indicated that all job applicants were required to produce evidence of a Social Security number for I-9 and accounting purposes. The rule was applied indiscriminately to all applicants, regardless of their citizenship status or national origin. No injured parties were discovered. (Reno, NV)

On February 28, 2013, OSC issued a letter of resolution to a company resolving a retaliation claim made by a former employee. The claim alleges the company retaliated against the individual by changing her job duties, salary, and schedule after her husband made a verbal complaint to OSC's hotline. OSC's letter of resolution to the company dismisses the claim based on the company's payment of back pay in the amount of $8,180 to the charging party as well as the company's agreement to participate in an OSC-sponsored webinar about the anti-discrimination provision of the INA. (Houston, TX)

On March 4, 2013, OSC dismissed a charge of document abuse against an agency pursuant to a letter of resolution. As part of the resolution, the Charging Party has received $1,360 in back-pay and Respondent has agreed to participate in an OSC educational webinar. (Des Moines, IA)