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JUSTICE DEPARTMNT REACHES SETTLEMENT WITH COMMERCIAL CLEANING SYSTEMS TO RESOLVE CLAIM OF DOCUMENT ABUSE. On June 12, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Commercial Cleaning Systems resolving allegations that the Denver, Colorado-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by routinely requesting specific DHS-issued documentation from work-authorized non-U.S. citizens during the employment eligibility verification processes while not making similar demands of U.S. citizens. Under the agreement Commercial Cleaning Systems will pay $53,500 in civil penalties to the United States, set aside a fund of twenty five thousand dollars ($25,000) to compensate work-authorized individuals who suffered economic damages,revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year.

JUSTICE DEPARTMNT REACHES SETTLEMENT WITH MASTER KLEAN JANITORIAL TO RESOLVE CLAIM OF DOCUMENT ABUSE. On May 7, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Master Klean Janitorial resolving allegations that the Denver, Colorado-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by routinely requesting specific DHS-issued documentation from work-authorized non-U.S. citizens during the employment eligibility verification processes while not making similar demands of U.S. citizens. Under the agreement, Master Klean will pay $75,000 in civil penalties to the United States, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year.

JUSTICE DEPARTMENT REACHES SETTLEMENT WITH SUPERMARKET CHAIN TO RESOLVE CLAIM OF DOCUMENT ABUSE. On April 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas resolving claims that the company engaged in document abuse discrimination in violation of the Immigration and Nationality Act (INA). The department's investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that El Rancho required lawful permanent residents to present a new employment eligibility document after being hired when their Permanent Resident cards expired, even though the Form I-9 and E-Verify rules prohibit this practice because lawful permanent residents have permanent work authorization in the United States, even after their Permanent Resident cards expire. The investigation also uncovered evidence that El Rancho routinely requested a specific work authority document from lawful permanent residents during the initial employment eligibility verification process even though under the law employees are allowed to choose what documents to present. The department found that El Rancho's discriminatory practices were based on employees' citizenship status. Under the settlement agreement, El Rancho will identify and provide back pay to individuals who suffered lost wages between April to July 2013, as a result of the company's alleged discriminatory documentary practices; pay $43,000 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for eighteen months.

JUSTICE DEPARTMENT REACHES SETTLEMENT WITH EMPLOYER TO RESOLVE CLAIM OF DOCUMENT ABUSE. On April 21, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SK Food Group, Inc., a company headquartered in Seattle, Washington, resolving claims that the company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). The department's investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SK Food Group required work-authorized non-U.S. citizens to produce specific documents during the employment eligibility verification process, including the E-Verify process. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. The department's investigation confirmed that SK Food Group requested specific documents from work-authorized non-U.S. citizens, but not similarly-situated U.S. citizens. Under the settlement agreement, SK Food Group will identify and provide back pay to individuals who suffered lost wages between July 2012 to the present, as a result of the company's alleged discriminatory documentary practices; pay $40,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for one year.

JUSTICE DEPARTMNT REACHES SETTLEMENT WITH POTTER CONCRETE TO RESOLVE CLAIM OF DOCUMENT ABUSE. On April 17, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Potter Concrete, Inc., resolving allegations that the Dallas, Texas-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. The department's investigation further concluded that Potter Concrete selectively utilized E-Verify to confirm the employment eligibility of individuals the company knew or believed to be non-U.S. citizens or foreign born. Under the agreement, Potter Concrete will pay $115,100 in civil penalties to the United States, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for one year.

JUSTICE DEPARTMNT REACHES SETTLEMENT WITH CITY TO RESOLVE CLAIM OF CITIZENSHIP STATUS DISCRIMINATION. On January 30, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with City of Waterloo, Iowa, resolving allegations that the city violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it imposed a U.S. citizenship requirement in its hiring process for entry-level firefighters. The investigation revealed that the City of Waterloo refused to consider the charging party's application on the basis of his status as a lawful permanent resident. Under the settlement agreement, the City of Waterloo has agreed to pay $13,000 in civil penalties to the United States, to provide the charging party with another opportunity to apply for the position, and to hire or otherwise compensate the charging party if the charging party's performance on the city's hiring tests confirm that he would have been hired but for the discrimination.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST MASSACHUSETTS STAFFING AGENCY. On January 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with SD Staffing LLC (SD Staffing), aka Atwork Personnel Services Inc., a company based in Methuen, Mass., resolving claims that the staffing company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). The department's investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SD Staffing required work-authorized non-U.S. citizens to produce specific documents in connection with SD Staffing's use of the E-Verify program. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. The department's investigation confirmed that SD Staffing requested unnecessary documents to work-authorized non-U.S. citizens, but not to similarly-situated U.S. citizens. Under the settlement agreement, SD Staffing will identify and provide back pay to individuals who suffered lost wages between September 2011 and January 2014 as a result of the company's alleged discriminatory documentary practices; pay $10,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for two years.

JUSTICE DEPARTMENT AND SAN FRANCISCO RESTAURANT SETTLE IMMIGRATION-RELATED DISCRIMINATION CLAIM. On November 15, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kim Hoang Coffee and Fast Food Restaurant, to resolve allegations that the employer refused to accept new work authorization documents to re-verify an employee's employment eligibility. The investigation also revealed that the employer believed she could ask non-U.S. citizens to produce specific documents to establish work authorization upon initial hire, but did not need to make similar demands of U.S. citizens. Pursuant to the settlement agreement, the employer will pay $700 in back pay to the charging party, pay $485 in civil penalties to the U.S., and receive training on the anti-discrimination provision.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST STAFFING COMPANY. On October 18, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with the Arapahoe County, Colo. Office of the Sheriff resolving allegations that the Office of the Sheriff violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by improperly restricting law enforcement positions to U.S. citizens only. The Division's investigation established that the Office of the Sheriff improperly restricted law enforcement positions to U.S. citizens notwithstanding the fact that no law, regulation, executive order or government contract authorized it to restrict employment in this manner. The INA's anti-discrimination provision prohibits certain discriminatory hiring practices against work-authorized individuals and permits employers to limit jobs to U.S. citizens only where the employer is required to do so by law, regulation, executive order, or government contract. Under the settlement agreement, the Office of the Sheriff's employment eligibility verification practices will be subject to monitoring by the Justice Department and reporting requirements for a period of three years. The Sheriff's Office also agreed to pay $500 in civil penalties to the United States. The Office of the Sheriff had already addressed an identified victim's back pay claims through an earlier agreement based on a private lawsuit. In addition, the Office of the Sheriff informed other affected non-U.S. citizen applicants that they could re-apply for available law enforcement positions. The Sheriff's Office fully cooperated with the investigation and agreed to revise its hiring policies and procedures to ensure compliance with the INA's anti-discrimination provision.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST STAFFING COMPANY. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Paramount Staffing resolving an allegation that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requesting more or different documents from individuals during the employment eligibility verification processes based on the individuals' citizenship status. The Division's investigation concluded that Paramount Staffing's Hanover Park, Illinois location routinely requested specific DHS-issued documentation from lawful permanent residents for the employment eligibility verification processes (Form I-9 and E-Verify) while not making similar demands of U.S. citizens. Under the agreement, Paramount Staffing will pay $21,100 in civil penalties to the United States, be subject to a monitoring period of eighteen months, and designated company staff will receive training by the Office of Special Counsel to learn about employers' responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA).

JUSTICE DEPARTMENT SETTLES CITIZENSHIP STATUS DISCRIMINATION CLAIM AGAINST IBM. On September 27, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with International Business Machines Corporation, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it placed online job postings for application and software developers that contained citizenship status preferences for F-1 and H-1B temporary visa holders. The anti-discrimination provision of the INA does not permit employers to express or imply a preference for temporary visa holders over U.S. workers. Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. IBM further agreed to revise its hiring and recruiting procedures and train its human resources personnel to ensure compliance with the INA, and to be subject to reporting requirements for a period of two years.

JUSTICE DEPARTMENT RESOLVES CITIZENSHIP STATUS DISCRIMINATION CHARGE AGAINST PENNSYLVANIA EMPLOYER HUBER NURSERIES. On September 26, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Huber Nurseries ("Huber"), based on allegations that Huber engaged in citizenship status discrimination by preferring to hire temporary visa holders over six Nepalese lawful permanent residents. Huber unlawfully preferred to hire visa holders and subjected the lawful permanent residents to different selection standards and increased scrutiny. Huber has agreed to pay $2,250 in civil penalties to the United States and $59,617 in back pay to the six lawful permanent residents. Huber has also agreed to provide its employees training on the anti-discrimination requirements of the Immigration and Nationality Act (INA), adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the one-year term of the agreement.

JUSTICE DEPARTMNT REACHES SETTLEMENT WITH STAFFING COMPANY TO RESOLVE IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES. On September 25, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Infinity Group (IG), resolving allegations of document abuse in the employment eligibility verification process. The Division initiated the investigation based on information obtained by E-Verify. Under the terms of the settlement agreement, IG Services will pay $53,880 in civil penalties, create a $35,000 back pay fund for victims who lost work due to IG's practices, receive training on the anti-discrimination provision of the INA, and be subjected to two years of monitoring.

JUSTICE DEPARTMNT REACHES SETTLEMENT WITH STAFFING COMPANY TO RESOLVE IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES. On September 9, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Kelly Services, Inc., resolving an allegation of citizenship status discrimination in the employment eligibility re-verification process. The Division initiated the investigation after a former employee contacted the office and stated Kelly Services requested him to produce a new U.S. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. Under the terms of the settlement agreement, Kelly Services will pay $1,888.60 in back pay to the injured party, $1,100 in civil penalties, and receive training on the anti-discrimination provision of the INA.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST FOREVER 21. On, August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Forever 21. The agreement resolved allegations that the company rejected a work-authorized individual's Employment Authorization Document (EAD), and required her to produce a Permanent Resident Card (commonly known as a "Green Card") as a condition of employment. The individual, who was employment-authorized as an applicant for permanent residence, was unable to work following the rejection of her EAD. Pursuant to the settlement agreement, Forever 21 will pay $1,705.50 in back pay to the charging party, pay $280 in civil penalties to the U.S., and receive training on the anti-discrimination provision.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST SOS EMPLOYMENT GROUP. On August 14, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with SOS Employment Group. The agreement resolved allegations that the company rejected a work-authorized asylee, at both initial hire and when subsequently re-verifying the refugee's employment authorization, rejected the employee's valid driver's license and unrestricted Social Security card and required him to produce a Employment Authorization Document (EAD). Pursuant to the settlement agreement, SOS Employment Group will pay back pay in the amount of $9,157.50 to the charging party and $1,200 in civil penalties to the U.S. and receive training on the anti-discrimination provision.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST TEXAS BUS COMPANY. On August 5, 2013, the Department of Justice issued a press release announcing that it filed a complaint with the Executive Office of Immigration Review's Office of the Chief Administrative Hearing Officer against Autobuses Ejecutivos LLC d/b/a Omnibus Express, alleging that it engaged in employment discrimination in the hiring process based on citizenship status.

JUSTICE DEPARTMENT SETTLED CLAIM OF DISCRIMINATION AGAINST ALABAMA EMPLOYMENT AGENCY. On July 3, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Stellar Staffing, Inc., resolving allegations that the company applied heightened requirements on work-authorized non-U.S. citizens in the employment eligibility verification process. Pursuant to the settlement agreement, Stellar Staffing will pay $2,250 in civil penalties, receive training on the anti-discrimination provision of the INA, and be subject to monitoring for one year.

UPDATED INFORMATION ABOUT I-94 AUTOMATION. On March 27, 2013, U.S. Customs and Border Protection published an Interim Final Rule allowing for the automation of Forms I-94 for most individuals who arrive to the United States by air or by sea. Although some travelers, such as refugees or asylees, may still receive paper I-94 at airports or seaports, most other individuals will need to printout their Forms I-94 from a CBP website after their arrival. For more information, including a list of deferred inspection sites for employees having trouble prinitng out their Form I-94 to contact, visit CBP's I-94 automation information page on its website: http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE INVESTIGATION. On July 2, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Vincent Porcaro, Inc. (VPI) to resolve allegations that the company engaged in a pattern or practice of document abuse against work-authorized immigrants. The settlement agreement provided for various remedies, including $43,092 in civil penalties, $30,000 in back pay for any injured parties, training, and monitoring.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE INVESTIGATION. On June 27, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Macy's Retail holdings and other related entities to resolve allegations that the company engaged in a pattern or practice of reverification document abuse against work-authorized immigrants. The settlement agreement provided for various remedies, including $175,000 in civil penalties, $100,000 in back pay for any injured parties, training, and monitoring.

JUSTICE DEPARTMENT RESOLVES INVESTIGATION OF FACILITY SERVICES COMPANY. On May 23, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with ISS Facilities Company, to resolve allegations that the company engaged in a pattern or practice of document abuse by requiring non-citizen employees to produce a List A I-9 document issued by the U.S. Department of Homeland Security, instead of allowing individuals the choice to produce List C documents. Pursuant to the settlement agreement, it will require payment of $49,800 to the United States, payment of back pay to compensate any individuals who were denied employment as a result of ISS' pattern or practice of document abuse, a continuation of on-going, Division-approved human resources staff training, appropriate modifications of the employer's employment eligibility verification policies and procedures, and Division monitoring/reporting over a two-year compliance period.

JUSTICE DEPARTMENT RESOLVES INVESTIGATION OF PROPERTY MANANGEMENT COMPANY. On April 9, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Milestone Management , LLC, to resolve allegations that the company improperly required lawful permanent residents to produce unexpired resident alien cards when their documents expired, despite their presentation of proper documentation upon their hiring, but did not require U.S. citizens to present unexpired documents. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and to take steps to determine whether employees had been negatively affected by the alleged practice. The company paid a $20,000 civil penalty, and had proactively reinstated one employee with backpay at the outset of the Department's investigation.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE INVESTIGATION. On March 25, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with Poulan Pecan to resolve allegations that the company committed document abuse against non-U.S. citizens in violation of the anti-discrimination provision of the INA. Pursuant to the settlement agreement, the company agreed to undergo training regarding its responsibilities under the anti-discrimination provision of the INA and also agreed to provide a handout to newly-hired workers explaining their employment rights under the INA. The company paid a $500 civil penalty and will be subject to monitoring by the Office of Special Counsel for one year.

USCIS RELEASES REVISED FORM I-9. On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification. The form is available for immediate use by employers. Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev. 02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.

English and Spanish versions of the new form are available online at www.uscis.gov. For more information, please call 888-464-4218 or visit I-9 Central online.

JUSTICE DEPARTMENT REACHES SETTLEMENT WITH THE AGENCY STAFFING, INC. TO RESOLVE IMMIGRATION-RELATED RETALIATION CLAIM. On February 28, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with The Agency Staffing, Inc. The agreement resolves an allegation that the company applied enhanced employment eligibility procedures to work-authorized non-U.S. citizens that were run through E-Verify. The company did not utilize these additional procedures when it ran U.S. Citizens through E-Verify. Pursuant to the settlement agreement, The Agency Staffing will pay $8,400 in civil penalties, and receive training on the anti-discrimination provision of the INA.

JUSTICE DEPARTMENT REACHES SETTLEMENT WITH FTD INC. TO RESOLVE IMMIGRATION-RELATED RETALIATION CLAIM. On February 20, 2013, the Department of Justice issued a press release announcing it reached a settlement agreement with FTD, Inc. The agreement resolves an allegation that the company retaliated against a work-authorized individual after he asserted his rights and privileges under 8 U.S.C. ยง 1324b when the company prohibited him from working following a background check which revealed a purported error in his Social Security number. Pursuant to the settlement agreement, FTD will pay $1,800 in back pay to the charging party, $3,000 in civil penalties, and receive training on the anti-discrimination provision of the INA.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE INVESTIGATION. On February 8, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Avant Healthcare Professionals to resolve allegations that the company engaged in a pattern or practice of citizenship status discrimination by posting job advertisements impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. The settlement agreement provided for various remedies, including $27,750 in civil penalties, training, and monitoring.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE INVESTIGATION. On January 31, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Houston Community College to resolve allegations that the company engaged in a pattern or practice of document abuse against work-authorized immigrants. The settlement agreement provided for various remedies, including $83,600 in civil penalties, $20,000 in back pay for any injured parties, training, and monitoring.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE INVESTIGATION. On January 7, 2013, the Department of Justice issued a press release announcing that it reached a settlement agreement with Centerplate, Inc., to resolve allegations that the company engaged in a pattern or practice of document abuse against work-authorized immigrants. The settlement agreement provided for various remedies, including back pay for any injured parties, training, monitoring, and a civil penalty of $250,000.

JUSTICE DEPARTMENT REACHES SETTLEMENT WITH NEW YORK MANUFACTURER TO RESOLVE IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES. On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with R-Tronics, LLC, a company based in Rome, New York, which manufactures custom and prototype electronic equipment. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. Although R-Tronics is a federal contractor subject to the International Traffic and Arms Regulations (ITAR), ITAR does not require or permit employers to limit job applicants to U.S. citizens. The agreement resolves allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by limiting its practices to U.S. citizens. The INA's anti-discrimination provision only allows such hiring restrictions when necessary to comply with a law, regulation, executive order or government contract. Under the terms of the agreement, R-Tronics will terminate its unwarranted citizenship requirement for employment, modify its employment eligibility verification policies and procedures to reflect the INA's protections, train its human resources staff about the employer's responsibilities to avoid discrimination in the employment eligibility verification process, and be subject to reporting and compliance monitoring by the department for three years. The case settled prior to the Justice Department filing a complaint in this matter.

JUSTICE DEPARTMENT SETTLES IMMIGRATIONS-BASED DISCRIMINATION CLAIM AGAINST NEW YORK HOSPITAL. On December 19, 2012, the Justice Department issued a press release announcing that it reached a settlement agreement with Holliswood Hospital ("Holliswood"), a hospital in Queens, NY, resolving claims that the hospital violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents during the Form I-9 employment eligibility verification process. The investigation stemmed from a charge filed by an individual after Holliswood terminated her after discovering that her employment eligibility needed to reverified in the future. The subsequent investigation revealed that Holliswood imposed greater requirements to verify employment eligibility for lawful permanent residents as compared to U.S. citizen employees. The investigation also established that the Charging Party was denied employment as a direct result of the discriminatory documentary practices. Under the settlement agreement, Holliswood will pay $1,182 in back pay to the Charging Party, and $5,000 in civil penalties to the United States. Holliswood will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the Department for18 months. The Charging Party has full-time employment and did not seek reinstatement.

OSC RELEASES NEW EDUCATIONAL VIDEOThe Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released an educational video reminding employers that Haitians with Temporary Protected Status (TPS) may continue working beyond the January 22, 2013, expiration date of their Employment Authorization Cards. The Department of Homeland Security (DHS) recently announced that Employment Authorization Cards for individuals from Haiti with TPS are automatically extended through July 22, 2013.

The video may be viewed at http://www.youtube.com/watch?v=J7xi5ti7s2g

OSC continues to offer monthly live webinars on avoiding workplace discrimination. To participate in a webinar, sign up online at www.justice.gov/crt/about/osc/webinars.php. For more information about protections against employment discrimination under the immigration law, call OSC's worker hotline at: 1-800-255-7688 (1-800-237-2525, TDD for the hearing impaired); call OSC's employer hotline at: 1-800-255-8155 (1-800-362-2735, TDD for the hearing impaired); send e-mail to: osccrt@usdoj.gov; or visit OSC's website at www.justice.gov/crt/about/osc.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST OREGON HOMECARE PROVIDER. On December 3, 2012, the Department of Justice issued a press release announcing a settlement with ComForcare In-Home Care & Senior Services ("ComForcare") a small home care provider based in Tigard, Oregon. ComForcare agreed to settlement where it pays $1,210 in civil penalties and $524.96 in backpay. The Charging Party did not seek reinstatement because she has full-time employment. ComForcare will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for 18 months. The investigation stemmed from a charge filed by a naturalized U.S. citizen who received a tentative nonconfirmation (TNC) in E-Verify, but ComForcare failed to provide the Charging Party with written notice of her TNC but instead, demanded that she produce a specific List A document (i.e., an "alien card"). When the Charging Party informed the ComForcare that, as a naturalized citizen, she did not possess an alien card, the ComForcare demanded naturalization papers establishing her work authority, notwithstanding her production of lawfully acceptable documents establishing work authorization. Further, the investigation established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce a List A employment eligibility document to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation.

JUSTICE DEPARTMENT SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM AGAINST NORTH CAROLINA COMPANY. On November 30, 2012, the Department of Justice issued a press release announcing a settlement agreement with Gamewell Mechanical, Inc., a subsidiary of Woodfin Heating, Inc., based in Salisbury, NC, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it terminated three employees based on the incorrect assumption that they were undocumented foreign nationals when they were in fact U.S. citizens. Under the settlement agreement, Gamewell Mechanical, Inc. will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States. Gamewell Mechanical will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for 18 months.

SELF-AUDIT GUIDANCE UPDATE. Following OSC's September 13, 2012, stakeholder input session addressing the topic of employer self-audits of I-9 Forms, OSC accepted comments from the public through November 9, 2012. OSC received numerous comments from its stakeholders and we wish to thank everyone who submitted comments as we move to develop this guidance.

FEDERAL REGISTER NOTICE: REVISED OSC CHARGE FORM. On November 8, 2012, OSC published a 60-day Notice in the Federal Register of its intent to submit an information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is a revised OSC Charge Form. For a copy of the OSC Charge Form, email osccrt@usdoj.gov. Comments are encouraged and will be accepted until January 7, 2013. Comments can be sent to osccrt@usdoj.gov.

OSC and USCIS TO PRESENT JOINT WEBINARS ON EMPLOYEE RIGHTS DURING THE I-9 AND E-VERIFY PROCESS. OSC has joined with the United States Citizenship and Immigration Service (USCIS) to present webinars on employee rights during the E-Verify and Form I-9 employment eligibility verification processes. The first two joint USCIS/OSC employee rights webinars will be held November 13, 2012 at 2:00 pm EST and November 15, 2012 at 2:00 pm EST. Sign up to attend a free webinar.

JUSTICE DEPARTMENT SETTLES DISCRIMINATION CLAIM AGAINST NEW JERSEY HOME HEALTH AGENCY FOR UNFAIR DOCUMENTARY PRACTICES. On October 25, 2012, the Department of Justice issued a press release announcing a settlement agreement with Advantage Home Care, LLC, formerly known as Executive Care, LLC, based in Hackensack, NJ, resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it required newly hired lawful permanent residents to provide more or different documents than U.S. citizens during the Form I-9 employment eligibility verification process. Under the terms of the settlement agreement, Advantage home Care will pay $1,633 in back pay to the charging party, and $46,575 in civil penalties to the United States. The company will also work with the department to identify and pay back pay to additional potential victims that suffered economic harm as a result of the practice. Advantage Home Care will also train its human resources staff about employers' responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for three years.

OSC SIGNS TWO NEW MEMORANDA OF UNDERSTANDING. OSC announces it has entered into Memoranda of Understanding with two new fair employment practices agency (FEPA) partners: the Minnesota Department of Human Rights and the Fort Wayne Metropolitan Human Relations Commission. Under each Memorandum of Understanding, OSC and the FEPA agree to serve as respective agents for the purpose of accepting charges that fall within each other's jurisdiction , such that a charge filed with one agency on a particular date is considered to have been filed with the other agency on that date. In addition, OSC and the FEPA agree to refer charges to each other when the charge or aspects of the charge fall within the other agency's jurisdiction, and to coordinate investigations when aspects of a charge fall within the jurisdiction of both agencies. Finally, OSC and each FEPA agree to provide technical assistance and training in order to better understand the policies, procedure and law governing the enforcement activities of the other party. OSC has numerous partnership relationships with local, state and federal agencies and continues to develop new ways in which to engage its partners and potential partners. Coordination of efforts between the Civil Rights Division and its partners serves to promote workplaces free of discrimination. OSC welcomes the Minnesota Department of Human Rights and the Fort Wayne Metropolitan Human Relations Commission as a new partners in this continuing effort.

JUSTICE DEPARTMENT SETTLES LAWSUIT AGAINST LAS VEGAS CASINO FOR UNFAIR DOCUMENTARY PRACTICES. On October 10, 2012, the Department of Justice issued a press release announcing a settlement agreement with Tuscany Hotel and Casino resolving a lawsuit alleging the company discriminated against certain non-U.S. citizens during the employment eligibility verification and reverification processes by requesting those individuals to provide more or different documents or information than required under Form I-9 rules based on their citizenship status. Under the terms of the settlement agreement, Tuscany agreed to pay a civil penalty of $49,000 to the government and full back pay to an economic victim. Tuscany will also receive OSC-sponsored training regarding the anti-discrimination provision of the INA, be subject to reporting and monitoring requirements, and will revise its employment eligibility verification procedures.

SELF-AUDIT GUIDANCE UPDATE. Following OSC's September 13, 2012, stakeholder input session addressing the topic of employer self-audits of I-9 Forms, OSC would like to remind its stakeholders that we are continuing to accept your comments at our designated email inbox: OSC.Engagement@usdoj.gov.

Please be sure to submit all comments no later than Friday, November 9, 2012.

JUSTICE DEPARTMENT SETTLES RETALIATION CLAIM WITH DIVERSIFIED MAINTENANCE SYSTEMS, LLC. On September 27, 2012, the Department of Justice issued a press release announcing a settlement agreement with Diversified Maintenance Systems, LLC, a janitorial service company, resolving allegations that the company retaliated against the charging party by failing to reinstate her after she solicited USCIS' assistance in resolving an erroneous E-Verify Final Non-Confirmation notice. Under the terms of the agreement, Diversified Maintenance Systems will pay $6,800 in back pay and $2,000 in civil penalties to the United States government. Additionally, Diversified Maintenance Systems will participate in OSC and USCIS-sponsored training regarding the anti-discrimination provision of the INA and proper E-Verify procedures.

JUSTICE DEPARTMENT FILES MOTION TO INTERVENE/COMPLAINT AGAINST TEXAS FARM ALLEGING EMPLOYMENT DISCRIMINATION. On September 11, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Estopy Farms, a sorghum and soy farm in McAllen, Tex., which also provides equipment and equipment operators for harvests at other farms.

JUSTICE DEPARTMENT SETTLES CITIZENSHIP STATUS DISCRIMINATION CLAIM AGAINST ILLINOIS COMPANY. On August 22, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with MicroLink Devices, resolving allegations that it engaged in discrimination by placing several online job postings containing citizenship status preferences and requirements that were not permitted by statute, regulation, executive order or government contract. As part of the settlement agreement, MicroLink Devices will pay $12,000 in civil penalties.

OSC STAKEHOLDER INPUT SESSION ON I-9 AUDITS BY EMPLOYERS. OSC would like to invite your participation in its first upcoming stakeholder input session, on Thursday, September 13, 2012, at 2:00 pm (Eastern). OSC will focus the discussion around guidance that it is currently drafting. The guidance - Best Practices for Employers Conducting Self-Audits of I-9 Forms-is meant to provide employers with practical tips for avoiding discrimination during the course of an internal audit of employment eligibility verification. The session will last one hour and will aim to solicit public input on areas of confusion or concern for employers engaged in self-audits, and concerns that employees or employee groups have when employers conduct audits. OSC enforces the anti-discrimination provision of the Immigration and Nationality Act. It may be a violation of the anti-discrimination provision to ask employees for more or different employment eligibility verification documents, or to reject reasonably genuine looking documents presented, if the intent is to discriminate based on national origin or citizenship status.

To participate in the September 13 Stakeholder Input Session, please use the information below. We recommend calling in 15 minutes prior to the start of the session:

Call-in number: (888) 790-2054 Passcode: AUDIT

For further information, or for requests for reasonable accommodations, write to: OSC.Engagement@usdoj.gov or call OSC Public Affairs Specialist Beau Blank at (202) 514-1297.

OSC welcomes comments on this topic regardless of whether or not you participate in the info session. Please submit comments via email to: OSC.Engagement@usdoj.gov.

This call is open to the public. Members of the media may call (202) 514-2007 for further information.

JUSTICE DEPARTMENT SETTLED CLAIMS OF DISCRIMINATION AGAINST BEST PACKING SERVICES EMPLOYMENT AGENCY, INC. On August 14 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with Best Packing Services Employment Agency Inc. ("Best Packing"), resolving an allegation that the company committed discrimination when it delayed the start date of two refugees after impermissibly demanding that they provide specific Form I-9 documentation. As part of the settlement agreement, Best Packing will pay $4,379 in back pay to the Charging Parties and undergo mandatory training regarding proper employment eligibility verification procedures.

JUSTICE DEPARTMENT SETTLED CLAIMS OF DISCRIMINATION AGAINST UNITED NATURAL FOODS INC. On July 20, 2012, the Department of Justice issued a press release announcing that it reached a settlement agreement with United Natural Foods, Inc.(UNFI), an independent national distributor of natural, organic, specialty foods, resolving an allegation that the company committed discrimination when it impermissibly reverified the work authority of lawful permanent residents and required some non-citizen workers to provide specific Form I-9 documentation. As part of the settlement agreement, UNFI will pay $3,190 in civil penalties to the government and has already paid full back pay to the Charging Party.

OSC SIGNS NEW MEMORANDUM OF UNDERSTANDING. OSC entered into a Memorandum of Understanding on June 27, 2012, with a new partner, the Missouri Commission on Human Rights, the fair employment practices agency for the State of Missouri. The two agencies have agreed to serve as respective agents for the purpose of accepting charges that fall within each other's jurisdiction in order to satisfy time limits for filing charges. In addition, they agree to refer charges to each other when the charge or aspects of the charge fall within the other agency's jurisdiction, and to coordinate investigations when aspects of a charge fall within the jurisdiction of both agencies. Finally the two agencies agree to provide technical assistance and training in order to better understand the policies, procedure and law governing the enforcement activities of the other party.

OSC RELEASES TWO NEW EDUCATIONAL VIDEOS. On June 20, 2012, OSC released a short educational video highlighting common problems encountered by employers when reverifying the employment authorization of refugees (and asylees) and providing guidance on how to avoid violating the anti-discrimination provision of the INA. OSC also released a second educational video that encourages employers, employees and advocates to attend a free webinar on unfair employment practices under the INA.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST INDIANA EGG PRODUCER ALLEGING DISCRIMINATION. On June 19, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Rose Acre Farms, Inc., one of the largest egg producers in the country, alleging that it had engaged in a pattern or practice of discrimination against work-authorized non-citizens in the employment eligibility verification process.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST LAS VEGAS CASINO ALLEGING DISCRIMINATION. On May 31, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Tuscany Hotel and Casino, LLC, alleging that it engaged in a pattern or practice of discrimination in the employment eligibility verification and reverification process.

JUSTICE DEPARTMENT SETTLES RETALIATION LAWSUIT AGAINST NEW JERSEY INFORMATION TECHNOLOGY COMPANY. On May 30, 2012, the Department of Justice settled a lawsuit against Whiz International LLC (Whiz), an information technology staffing company, resolving allegations that the company discriminated against one of its employees when it terminated her in retaliation for expressing opposition to its alleged preference for foreign nationals with temporary work visas. Under the terms of the settlement, Whiz agreed to pay $21,870 in back pay/front pay to the terminated worker, $1,000 in civil penalties to the United States Treasury, and three years of monitoring and reporting requirements. Whiz will also undergo training by the Department of Justice and has agreed not to discriminate against any employee on the basis of national origin or citizenship status.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST NEW JERSEY INFORMATION TECHNOLOGY COMPANY ALLEGING DISCRIMINATION. On May 22, 2012, the Department of Justice issued a press release announcing that it filed a complaint against Whiz International LLC, an information technology staffing company, alleging that it discriminated against one of its employees when it terminated her in retaliation for expressing opposition to its alleged preference for foreign nationals with temporary work visas.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE CLAIM WITH IMAGINE SCHOOLS, INC. On May 7, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Imagine Schools, Inc., resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act, when it fired an employee at its Imagine School in Groveport, Ohio, in connection with a "reverification" of his employment eligibility. Under the terms of the agreement, Imagine Schools will pay $20,169 in back pay, and $600 in civil penalties to the United States government. Additionally, the Department will train Imagine Schools employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for eighteen months.

JUSTICE DEPARTMENT SETTLES CITIZENSHIP STATUS DISCRIMINATION CLAIM WITH ONWARD HEALTHCARE, INC. On March 28, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Onward Healthcare, Inc., resolving allegations that it engaged in citizenship status discrimination against non-United States citizens by posting thousands of job listings impermissibly requiring U.S. citizenship. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. Additionally, the Department will train relevant Onward Healthcare employees on the anti-discrimination provision of the Immigration and Nationality Act, and will monitor the company for three years.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE CLAIM WITH ROSS STORES, INC. On March 22, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Ross Stores, Inc., resolving allegations that it engaged in a pattern or practice of document abuse against non-United States citizens at its San Ysidro store and that it refused to honor a genuine Employment Authorization Document (EAD) presented by a non-United States citizen. Under the terms of the agreement, Ross Stores agrees to pay $6,384 in back pay to the individual who filed the charge of discrimination and $10,825 in civil penalties to the United States government. Additionally, the Department will monitor Ross Stores' compliance with the agreement for eighteen months and train the appropriate store officials on the anti-discrimination provision of the Immigration and Nationality Act.

JUSTICE DEPARTMENT SETTLES WITH PUERTO RICAN-BASED INDRESCOM SECURITY TECHNOLOGY INC. On March 16, 2012, the Department of Justice issued a press release announcing it reached a settlement agreement with Indrescom Security Technology Inc., resolving an allegation that the company discriminated against a work-authorized individual during the Employment Eligibility Verification Form I-9 process. The charging party alleged that Indrescom would not allow him to work until he presented a lawful permanent resident card, despite the fact that the employee had already produced documents establishing his identity and authority to work in the United States. Under the terms of the settlement agreement, Indrescom agrees to pay $7,000 in back pay to the charging party, train its human resources personnel about employers' responsibilities to avoid discrimination in the employment eligibility verification process, and to be subject to reporting and compliance monitoring requirements for three years.

JUSTICE DEPARTMENT REMINDS EMPLOYERS OF ELIGIBILITY VERIFICATION RULES FOR SALVADORAN WORKERS WITH TPS. On March 9, 2012, OSC released an educational video informing employers how they can continue to employ valuable workers whose employment eligibility verification documents have been automatically extended from March 9, 2012 until September 9, 2012, pursuant to Temporary Protected Status for Salvadorans.

JUSTICE DEPARTMENT SETTLES WITH UNIVERSITY OF CALIFORNIA SAN DIEGO MEDICAL CENTER. On January 4, 2012, the Department of Justice issued a press release announcing it reached settlement agreement with the University of California San Diego Medical Center, resolving a complaint filed on December 6, 2011, alleging that the medical center failed to comply with proper employment eligibility verification processes for non-citizens who are authorized to work in the United States. The medical center has taken appropriate action to ensure compliance with INA's anti-discrimination provision, and has agreed to pay a civil penalty in the amount of $115,000 and implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status.

JUSTICE DEPARTMENT SETTLES ALLEGATIONS OF CITIZENSHIP STATUS DISCRIMINATION AND RETALIATION AGAINST GEORGIA RUG MANUFACTURER. On December 30, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Garland Sales, Inc., a Georgia-based rug manufacturer, resolving allegations that the company engaged in a pattern or practice of document abuse against work-authorized non-U.S. citizens. As part of the settlement agreement, Garland has agreed to pay $10,000 in back pay civil penalties to the United States, and it has consented to training and reporting obligations.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE CLAIM. On December 28, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with BAE Systems Ship Repair Inc. to resolve allegations that its subsidiary, BAE Systems Southeast Shipyards Alabama LLC, engaged in a pattern or practice of document abuse on work-authorized non-U.S. citizens. As part of the settlement agreement, BAE has agreed to pay $53,900 to the United States and be subject to training and reporting obligations.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST FLORIDA EMPLOYER ALLEGING DISCRIMINATION. On December 16, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Home Care Giver Services, Inc., a provider of home services in southern Florida, alleging that it discriminated against one of its employees when it terminated her based on her national origin.

JUSTICE DEPARTMENT SETTLES WITH A PENNSYLVANIA FARM. On December 13, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with S.W.J.J., Inc., or Sernak Farms ("Sernak"), based in, to settle allegations that Sernak engaged in citizenship status discrimination by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees. There were allegations that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers. Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. Sernak has also agreed to provide its employees training on the anti-discrimination requirements of the Immigration and Nationality Act (INA), adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST UNIVERSITY OF CALIFORNIA SAN DIEGO MEDICAL CENTER ALLEGING DISCRIMINATION. On December 6, 2011, the Department of Justice issued a press release announcing that it filed a complaint against the University of California San Diego Medical Center, the largest hospital system in San Diego County, alleging that it engaged in a pattern or practice of discrimination in the Form I-9 employment eligibility verification and reverification processes by requesting non-citizen employees to provide specific documents as a condition of employment.

JUSTICE DEPARTMENT FILES COMPLAINT AGAINST CALIFORNIA HEALTHECARE PROVIDER ALLEGING DISCRIMINATION. On September 30, 2011, the Department of Justice issued a press release announcing that it filed a complaint against Generations Healthcare, a healthcare provider with skilled nursing facilities throughout California, alleging that it engaged in a pattern or practice of discrimination by imposing unnecessary documentary requirements on naturalized U.S. citizens and non-U.S. citizens in order to work in the U.S.

JUSTICE DEPARTMENT SETTLES THREE DOCUMENT ABUSE CLAIMS. On August 10, 22, and 26, 2011, the Department of Justice issued press releases announcing it reached settlement agreements with Summit Steel Fabricators, Farmland Foods, Inc., and Kinro Manufacturing, Inc., to resolve allegations that the companies engaged in a pattern or practice of document abuse against work-authorized immigrants. The settlement agreements provided for various remedies, including back pay, training, monitoring, and civil penalties - including the highest civil penalty to date of $290,400.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE CLAIM. On July 21, 2011, the Department of Justice issued a press release announcing it reached a settlement agreement with Brand Energy and Industrial Services resolving allegations that the company had a pattern or practice of document abuse by requesting Department of Homeland Security documents from newly-hired non-U.S. citizens. Brand agreed to pay $43,560 in civil penalties and $7,200 in back pay to an identified victim.

JUSTICE DEPARTMENT FILES COMPLAINTS AGAINST TWO EMPLOYERS ALLEGING DOCUMENT ABUSE. On June 27, 2011, the Department of Justice issued a press release announcing it filed a complaint against Farmland Foods, Inc. alleging the company required newly-hired non-U.S. citizen employees to present specific, and sometimes extra, work authorization documents than required by law. On July 14, 2011, the Department issued a press release announcing it filed a complaint against Mar-Jac Poultry Inc. alleging that it required all newly-hired non-U.S. citizen employees to present documents issued by the Department of Homeland Security for the Form I-9.

JUSTICE DEPARTMENT RESOLVES CITIZENSHIP STATUS DISCRIMINATION CLAIM. On June 6, 2011, the Department of Justice issued a press release announcing a settlement agreement with Canvas Corporation, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting recruiting and hiring to U.S. citizens. As part of the settlement agreement, Canvas Corporation will pay $10,397 to an identified victim of its discriminatory policies, and $13,400 in civil penalties.

JUSTICE DEPARTMENT SETTLES CITIZENSHIP STATUS DISCRIMINATION CLAIM IN ILLINOIS. On May 31, 2011, the Department of Justice issued a press release announcing a settlement agreement with the American Academy of Pediatrics (AAP), resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by limiting hiring to U.S. citizens and certain visa holders, even though other work-authorized individuals should have been allowed to apply. As part of the settlement agreement, AAP will pay $22,000 in civil penalties to the government.

JUSTICE DEPARTMENT SETTLES CITIZENSHIP STATUS DISCRIMINATION CLAIM IN NEW JERSEY. On May 17, 2011, the Department of Justice issued a press release announcing a settlement agreement with Iflowsoft, LLC, resolving allegations that it engaged in a pattern or practice of citizenship status discrimination by posting job advertisements expressing a preference for temporary visa holders and by hiring an H1-B visa holder without considering a qualified U.S. citizen applicant. As part of the settlement agreement, the company will pay $7,158 in back pay to two identified victims and $6,400 in civil penalties. In addition, the company will train its employes on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years.

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE CLAIM IN ARIZONA. On May 16, 2011, the Department of Justice issued a press release announcing a settlement agreement with Maricopa County Community College District resolving allegations that it engaged in a pattern or practice of document abuse against non-U.S. citizens in the hiring and employment eligibility verification process. As part of the settlement agreement, the district will pay $22,123 in back pay to two identified victims and $45,760 in civil penalties. In addition, the district will receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA) and provide periodic reports to the department for a period of three years.

OSC'S PUBLIC EDUCATION GRANT PROGRAM. OSC regrets to announce that its long-running public education grant program has been suspended for Fiscal Year 2011 based on a lack of discretionary funds.  Furthermore, it is unknown at present if discretionary funds will be available for a grant cycle during Fiscal Year 2012.  Information on a possible resumption of the OSC public education grant program will be available on OSC’s website in the future.

Since 1987, the annual public education grant program has been a major component of OSC’s mandate to educate the public about the anti-discrimination provision of the Immigration and Nationality Act (INA).  In the absence of a grant program, OSC remains committed to informing employers, workers and their advocates about workplace protections from citizenship/immigration status discrimination, national origin discrimination, discriminatory practices during employment eligibility verification, and retaliation.  Organizations that serve workers and employers are encouraged to contact OSC in order to explore informal partnerships designed to further OSC’s public education mission.

JUSTICE DEPARTMENT SETTLES CITIZENSHIP STATUS CLAIM IN MAINE. On April 26, 2011, the Department of Justice issued a press release announcing a settlement agreement with Restwend LLC, the corporate owner of several Wendy's restaurants in Maine, resolving allegations that it had a policy of refusing to hire non-U.S. citizens. As part of the settlement agreement, the company will pay $14,500 in back pay to an identified victim, $3,200 in civil penalties, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA).

JUSTICE DEPARTMENT SETTLES DOCUMENT ABUSE CLAIM IN IOWA. On April 8, 2011, the Department of Justice issued a press release announcing a settlement agreement with LF Staffing Services Inc. resolving allegations that it improperly pre-screened job applicants and rejected valid work authorization documents from certain immigrants. As part of the settlement agreement, the company will pay $1,100 in civil penalties, full back pay to one identified victim, and receive training on the anti-discrimination provision of the Immigration and Nationality Act (INA).

NEW EDITION OF OSC'S NEWSLETTER, OSC UPDATE, IS NOW AVAILABLE Click here to view OSC Update, 1st Quarter 2011

JUSTICE DEPARTMENT SETTLES ALLEGATIONS OF IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES IN OREGON AND NORTH CAROLINA On December 29, 2010, the Department of Justice issued a press release announcing a settlement agreement with Collins Management Corporation resolving allegations that it unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). As part of the settlement agreement, Collins agreed to pay $15,000 in back pay to the former employee and a $600 civil penalty to the federal government. On December 22, 2010, the department entered into a settlement agreement with Oakwood Health Promotions resolving allegations that its Ashville, N.C., facility unlawfully discriminated against a lawful permanent resident by rejecting her employment eligibility verification documents and rescinding an offer of employment. Oakwood agreed to compensate the individual for lost wages totaling $732, pay a $1,100 civil penalty and train its human resources employees regarding compliance with the anti-discrimination provision.

SSA "NO-MATCH" GUIDANCE FROM OSC. On November19, 2010, OSC published a new guidance package on how employers and employees should respond to SSA No-Match letters and similar notices from other governmental and non-governmental sources.  The package includes Do/Do Not instructional sheets for both employers and employees together with FAQs. 

DEPARTMENT OF JUSTICE ANNOUNCES SETTLEMENT WITH HOOVER, INC. On November 10, 2010, the Department of Justice issued a press release announcing a settlement agreement with Hoover, Inc., resolving allegations that it engaged in a pattern or practice of employment discrimination by requiring all permanent residents who presented a green card for I-9 purposes, to produce a new one when theirs expired.  Hoover paid $10,200 in civil penalties and will train its HR personnel on their nondiscrimination responsibilities in the I-9 process.

DEPARTMENT OF JUSTICE ANNOUNCES SETTLEMENT WITH CATHOLIC HEALTHCARE WEST On October 19, 2010, the Department of Justice issued a press release announcing a settlement agreement with Catholic Healthcare West, a hospital-system with 41 facilities throughout California, Nevada, and Arizona.  The charge, investigated by OSC, alleged that Catholic Healthcare West engaged in a pattern or practice of document abuse by requesting additional documentation from non-U.S. citizens and naturalized U.S. citizens, but not native-born U.S. citizens, at the initial employment eligibility verification stage.  As part of the settlement Catholic Healthcare West has agreed to pay $257,000 in civil penalties and $1,000 in back pay to the Charging Party.  In addition, Catholic Healthcare West will (1) complete a comprehensive, internal audit of all of its facilities to uncover other instances of document abuse, (2) train its recruitment personnel on their responsibilities not to discriminate, (3) promulgate and implement a policy prohibiting discrimination under the anti-discrimination provisions of the Immigration and Nationality Act, and (4) provide reports to the Department of Justice for three years. 

DEPARTMENT OF JUSTICE ANNOUNCES GRANTS FOR TRAINING ON PREVENTION OF IMMIGRATION-RELATED JOB DISCRIMINATION. On October 14, 2010, the Department of Justice issued a press release announcing that $720,000 in grants has been awarded to thirteen organizations throughout the country to conduct public education programs for workers and employers about immigration-related job discrimination.

EFFECTS OF INVALID PUERTO RICO BIRTH CERTIFICATES ON THE FORM I-9 PROCESS. On July 1, 2010, Puerto Rico began issuing new Puerto Rican birth certificates to U.S. Citizens born in Puerto Rico. As of October 31, 2010, Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid. The Citizenship and Immigration Services (USCIS) has issued a press release providing guidance to US employers with regard to the I-9 process. For new employees, employers may continue to accept all Puerto Rican birth certificates through October 30, 2010; after that date, only the new Puerto Rican birth certificates (e.g., those birth certificates issued on or after July 1, 2010) will be acceptable for employment eligibility verification (I-9) purposes. Of note, for current employees, there is no need to reverify the employment eligibility of employees who previously presented pre-July 1, 2010, Puerto Rican birth certificates. Federal contractors subject to E-Verify may continue to accept all Puerto Rican birth certificates prior to October 31, 2010, but beginning on that date, only the new Puerto Rican birth certificates issued on or after July 1, 2010, will be acceptable.

TPS AND DED INFORMATION FLYERS. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) has released two new flyers, one for employees and one for employers, called “Form I-9 Document Issues:   Temporary Protected Status (TPS) and Deferred Enforced Departure (DED)”   OSC receives many calls on its employer and worker hotlines about documentation requirements for TPS and DED beneficiaries, especially when USCIS announces an automatic extension of their employment authorization documents (EADs).  The flyers are available here and on the OSC website under the link for "Temporary Protected Status (TPS) Updates." OSC’s employer hotline can be reached at 1-800-255-8155, and the worker hotline is 1-800-255-7688.  

AVAILABILITY OF DHS’S E-VERIFY VIDEOS. The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services, in collaboration with DHS’s Office for Civil Rights and Civil Liberties, recently released two videos about the E-Verify process aimed at employers and employees.  “Know Your Rights: Employee Rights and Responsibilities,” aimed at employees, places special emphasis on the rights of employees, particularly when an employee receives a message from E-Verify indicating that there is a problem with the employment eligibility documents that the employee submitted to the employer.  “Understanding E-Verify: Employer Responsibilities and Worker Rights,” aimed at employers, explains E-Verify rules, procedures, and policies to employers with an emphasis on safeguarding employee privacy.  For more information about these videos, visit E-Verify's web site. To view both videos, click here. To view “Know Your Rights: Employee Rights and Responsibilities” in Spanish, click here. If you are interested in a free copy of the video, please contact OSC at 1-800-255-7688 (800-237-2515 (TTY)) or OSCCRT@usdoj.gov.

NEW OSC FLYERS RELEASED ON REFUGEES AND ASYLEES WORK ELIGIBILITY. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) has released two new flyers – one for employees and one for employers – on employment eligibility for refugees and asylees, called “Refugees and Asylees Have the Right to Work.”  Refugees and asylees are authorized to work indefinitely and are protected individuals under the anti-discrimination provision of the Immigration and Nationality Act (INA).  However, OSC receives many questions on its employer and worker hotlines about refugee and asylee work authorization documentation.  In preparing the flyers, OSC requested and incorporated comments and suggestions from components of USCIS and the DHS Office of Civil Rights and Civil Liberties.  The flyers are available here and on the OSC website under the link, "Protections for Asylees and Refugees". OSC’s employer hotline can be reached at 1-800-255-8155, and the worker hotline is 1-800-255-7688.           

JUSTICE DEPARTMENT RELEASES VIDEO EXPLAINING FEDERAL PROTECTIONS AGAINST IMMIGRATION-RELATED DISCRIMINATION IN THE WORKPLACE. The new OSC video is aimed at educating employers about worker rights and employer responsibilities under the anti-discrimination provision of the Immigration and Nationality Act. The half-hour long video, available in DVD format, describes the types of discrimination prohibited by the INA and how employers can avoid discriminatory practices.

Anyone interested in ordering the video or seeking assistance from OSC may call its toll-free employer hotline at 800-255-8155 (voice) or 800-237-2515 (TTY) or its worker hotline at 800-255-7688.

Press Release.

Access to Government for People who are Limited English Proficient -- Website and Press Page

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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