OSC Letters Of Resolution For FY2011

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 2011 (October 1, 2010 - September 30, 2011):

On October 4, 2010, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination based on the company’s immediate corrective action upon learning of the online posting, including:  (1) re-training its recruitment staff on the company’s recruitment and hiring process, (2) requiring management approval prior to the posting of any online advertisements, (3) creating an internal audit team to review all online postings on a bimonthly basis, (4) advising recruitment personnel that deviations from the company recruitment guidelines would result in appropriate disciplinary actions, and (5) terminating the employment of the employee that had published the online posting in question.  The Charging Party, a U.S. citizen, alleged that the company had published an online job posting indicating a preference for non-immigrant H-1B visa holders.  The investigation established that the online posting in question had been drafted and published by a new employee without authority and in violation of then-existing company policies and practices.  The investigation also established that the company had only hired U.S. workers since in the six months prior to the Charging Party filing his complaint. (Short Hills, NJ)

On October 4, 2010, OCS issued a letter of resolution, agreeing to resolve an independent investigation against it by implementing remedial recruitment and hiring measures. The company eliminated job postings that sought visa holders and thus discriminated on the basis of citizenship status. It has also agreed to train its employees involved in hiring and recruitment on the nondiscriminatory provisions of the INA. The company has agreed to advertise job openings domestically and has also placed an equal employment opportunity statement on its website. (Frisco, TX)

On October 15, 2010, OSC issued a letter of resolution dismissing a charge of document abuse.  The charge was dismissed as a result of the company’s revision of its employment eligibility verification policies and extension of a job offer to the charging party.  In addition, the company will train all branch employees on proper employment eligibility verification procedures.  (Kenmore, NY)

On October 15, 2010, OSC issued a letter of resolution dismissing a charge of document abuse and citizenship status discrimination filed by an LPR.  The charging party alleged that during the job application process, the company demanded that he provide documentation other than his foreign passport containing an I-551 stamp.  OSC dismissed the charge based on the company's agreement that: (1) it will not request employment eligibility verification documents from any individual prior to making an offer an employment to the individual; and (2) it will train all managers and HR employees on how to properly complete the DHS employment eligibility verification (Form I-9) process.   (Pineville, NC)

On November 4, 2010, OSC issued a letter of resolution resolving a discrimination.  The charging party alleged that the company committed document abuse and citizenship status discrimination by refusing to accept the charging party’s valid EAD and subsequently terminating him.  As a result of our investigation, the company determined the charging party was eligible to be rehired and invited the charging party to reapply for a new position.  (Palo Alto, CA)

On November 8, 2010, OSC issued a letter of resolution resolving a discrimination charge.  The charging party, an LPR, alleged that the company committed citizenship status discrimination when it terminated him rather than an undocumented worker.  As a result of OSC’s investigation, the parties entered into a bilateral agreement providing for $2,000 in back pay to the charging party.  The charging party did not seek reinstatement because he had secured a better position at another company.  (Vernon, CA)

On November 15, 2010, OSC issued a letter of resolution resolving a discrimination charge.  The charge alleged that the company committed document abuse when it required a U.S. citizen to re-verify her employment eligibility when her driver’s license expired.  As a result of OSC’s investigation, the company agreed to revise its policy so that employees will not be required to re-verify their employment eligibility upon the expiration of their List B documents (establishing identify).  In addition, the company will provide training to its human resources personnel on the proper procedures to follow in meeting the requirements of employment eligibility document verification pursuant to 8 U.S.C. 1324b.  (Van Nuys, CA)

On February 2, 2011, OSC issued a letter of resolution dismissing a charge of document abuse based upon bilateral agreement entered by the parties resolving the matter.   The charge alleged that the company terminated a Salvadoran TPS recipient after the expiration date on his EAD despite the fact that his work authorization had been automatically extended pursuant to a Federal Register notice issued by DHS.  The bilateral agreement included reinstatement and $400 back pay for the one week that the TPS recipient was out of work. (Upper Marlboro, MD) 

On February 8, 2011, OSC issued a letter of resolution dismissing a charge of document abuse filed by a United States citizen raised in Mexico.  The charging party alleged that her supervisor had demanded a “green card” (LPR or I-551) from her.  OSC dismissed the charge based on the respondent’s commitment to train the responsible supervisor on the I-9 process and the anti-discrimination provision of the INA, and employer’s agreement to provide the charging party $1,092 in back pay. (Woodburn, OR) 

On February 10, 2011, OSC issued a letter of resolution, dismissing a charge of document abuse and citizenship status discrimination filed by an LPR.  The charging party alleged that his employer demanded that he provide documentation other than his foreign passport containing an I-551 stamp and terminated him when he failed to produce other documentation.  OSC dismissed the charge based on the employer’s agreement to participate in OSC-led training of HR employees and other managers involved in the Form I-9 process, including at the employer’s 25 other companys, on how to complete the DHS employment eligibility verification (Form I-9) process and comply with the INA’s anti-discrimination provision. (Chesapeake, VA)

On March 8, 2011, OSC issued a letter of resolution following its independent investigation. OSC initiated the investigation when it was bought to our attention that the company posted a sign on its storefront window which stated “Hiring Americans Only”, which could be interpreted to mean the company would only hire U.S. citizens.  The company stated that the sign was intended to state that only employment-eligible persons would be hired.  A review of the company’s workforce indicated employment of U.S. citizens and non-citizens from various national origins.  However, because the sign is susceptible of misinterpretation by potential non-citizen job applicants, the company took it down and agreed to receive training on the anti-discrimination provision of the INA. (Los Alamitos, CA)

On March 8, 2011, OSC issued a letter of resolution, resolving a charge of discrimination.  The charge of discrimination alleged that the company improperly terminated and refused to reinstate the Charging Party despite her status as a work authorized individual.  Although the Charging Party was not entitled to legal relief, the company agreed to timely inform the Charging Party of the next available hiring opportunity for the position from which the she was terminated and to invite her to submit an application for the position. (Asheville, NC) 

On April 26, 2011, OSC issued a letter of resolution closing an independent investigation to determine whether language contained in a job postings violated the protections against citizenship status and national origin discrimination under 8 U.S.C. § 1324b(a)(1)(A) & (B).  The company agreed to republish the job posting without the discriminatory language and to closely monitor future job announcements to ensure compliance with anti-discrimination laws. (Washington, DC)

On April 29, 2011, OSC issued a letter of resolution dismissing a discrimination charge against a franchise in Fort Worth, Texas.  The employer ran an existing authorized worker though E-Verify multiple times and months after the worker began employment.  The employer then suspended the worker when he received an erroneous DHS Tentative Nonconfirmation (TNC) in E-Verify that he contested. The employer modified its policies, in place at over 500 franchises throughout the country, to reflect that E-Verify cannot be run on existing employees and that individuals that contest TNCs cannot be deprived of work opportunities.  The employer paid full back pay to the Charging Party for lost wages during his suspension in the amount of $541 and agreed to train its assistance center, training, risk management, and human resources workers throughout headquarters and the franchises on the INA anti-discrimination provision through a combination of online modules and live training. (Fort Worth, TX)

On April 29, 2011, OSC dismissed a charge filed after the parties entered into a bilateral resolution wherein the Charging Party accepted restitution of back pay in the sum of $1,692.41 and the Respondent amended its employment authorization review process to include a secondary review before rejecting an employee’s documents.  The Charging Party, an LPR, alleged that the Respondent committed document abuse in violation of 8 U.S.C. §1324b when it refused to accept his foreign passport with an I-551 stamp issued by DHS confirming his employment eligibility. (Vail, CO) 

On May 16, 2011, OSC issued a letter of resolution. The Charging Party, a U.S. citizen, alleged that the Respondent rejected his valid I-9 documents and required him to bring in additional proof of identity.  The letter of resolution includes revisions to policies and training on the anti-discrimination provision of the INA. (Columbia, SC)

On August 1, 2011, OSC issued a letter of resolution. The Charging Party, a lawful permanent resident, alleged that the Respondent refused to hire him because the Respondent has a preference for U.S. citizens. The letter of resolution includes revisions to policies so as not to require U.S. citizenship for new hires, and training on the anti-discrimination provision of the INA. (Delaware County, OH)

On August 2, 2011, OSC issued a letter of resolution to dismiss a charge of document abuse discrimination filed by a Haitian national and lawful permanent resident. The charging party alleged that the company rejected his passport bearing an I-551 stamp demonstrating his identity and immigration status. OSC dismissed the charged based on the parties entering into a bilateral resolution of the charge, whereby the charging party received $5,000 in back pay. The charging party had found employment and was not interested in reinstatement. (Boston, MA)

On August 22, 2011, OSC issued a letter of resolution, resolving allegations that the company engaged in a practice of discrimination against a U.S. citizen in the hiring process. Specifically, the Charging Party alleged that the company did not hire him because he is a U.S. citizen, and instead hired non-U.S. citizens who applied for employment. The letter of resolution provides that the Charging Party receive $1,500.00 in back pay, and requires that the company consult with OSC to create and provide comprehensive training to its HR personnel. (Philadelphia, PA)

On August 30, 2011, OSC issued a letter of resolution, resolving allegations that the employer engaged in citizenship status discrimination.  Specifically, the Charging Party alleges that the employer did not hire him for an internship because he is an LPR who is not required to register with Selective Service because he is more than 30 years old.  The Charging Party further alleged that the employer preferred to hire U.S. citizens who have registered with Selective Service for the internship.  The letter of resolution provides that the Charging Party receive $1,023.47 in back pay, and requires that the employer consult with OSC to create and provide comprehensive training to its HR personnel.  (Denton, TX)

On August 31, 2011, OSC issued a letter of resolution, resolving allegations that the company engaged in a practice of discrimination against a U.S. citizen in the hiring process.  Specifically, the Charging Party alleged that the company did not hire her because she was an LPR and not a U.S. citizen at the time of her application.  The letter of resolution provides that the Charging Party receive $6,500.00 in back pay, and requires that the company consult with OSC to create and provide comprehensive training to its human resources personnel.  (Cleveland, OH)

On September 21, 2011, OSC issued a letter of resolution, resolving a charge of document abuse and citizenship status discrimination filed by a lawful permanent resident. The charge alleged that the Charging Party was fired when he was unable to comply with an improper request for a new permanent resident card to demonstrate his employment eligibility. The letter of resolution provides that the company will train its HR staff on the I-9 process and the anti-discrimination provision of the INA, take corrective measures to resolve the software commuter glitch that caused the document request at issue, not reverify permanent residents whose Permanent Resident Cards expire, reinstate the Charging Party with seniority and benefits, and provide the Charging Party $12,000 in back pay. (Cornelius, OR)

On September 21, 2011, OSC issued a letter of resolution. The Charging Party, a U.S. citizen of Hispanic descent, alleged that the Respondent committed document abuse based on national origin by requiring him to present a lawful permanent resident card. The letter of resolution includes revisions to policies so as not to allow all applicants and new hires to present the documents of their choosing for the Form I-9, and training on the anti-discrimination provisions of the INA. (Vail, CO)