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)

On April 9, 2013, pursuant to a letter of resolution, OSC dismissed a charge of E-Verify misuse which was filed by a U.S. citizen against a contracting company. Respondent has agreed to not delay start dates based on E-Verify Tentative Non-Confirmations (TNC); re-take USCIS's E-Verify tutorial, contact USCIS or OSC with questions or concerns regarding its E-Verify responsibilities and questions or issues raised by new employees concerning TNC notices. (Glendale, AZ)

On April 9, 2013, OSC issued a letter of resolution to a company resolving document abuse charges filed by a mother and daughter that applied for a job. The claim alleges the company wrongfully rejected the mother's green card as an employment eligibility verification document. OSC's letter of resolution to the company dismisses the charges based on the company's offer of job placement and payment of back pay $1,000 to each of the charging parties. (Wilmington, NC)

On April 11, 2013, OSC and a company entered into a letter of resolution resolving the issue raised by OSC's independent investigation of Respondent's job announcements on the internet which inferred that applicants needed to be U.S. citizens. A review of the Respondent's payroll and I-9 documents showed that non-citizens were hired despite the restrictive language in their ads. Upon being informed of the independent investigation, the Respondent eventually took remedial measures correcting their employment announcements. No injured parties were discovered. A review of the Respondent's listing of new employees during the last six months indicated a diversity of citizenship status. Because the investigation established that the Respondent's actual hiring practices were not infected by citizenship status discrimination, a letter of resolution acknowledging Respondent's commitment to revising its equal employment policy to include citizenship status protections, to abide by immigration related unfair employment practices dictated by 8 U.S.C. §1324b, and to post OSC's anti-discrimination poster in its employment office, was issued. (Las Vegas, NV)

On April 29, 2013, OSC issued a letter of resolution resolving a charge of citizenship status discrimination in the hiring process. The Charging Party, a U.S. citizen, alleged that Respondent failed to hire him after he did not clear his background interview, during which he was asked questions about his immigration background and history and his naturalization. As part of the letter of resolution, all employees responsible for the Form I-9 process will receive training, the pre-employment applicant background check process will be substantially revised, and Charging Party has accepted $12,500 in monetary compensation. (Ramsey, NJ)

On May 8, 2013, OSC issued a letter of resolution following an independent 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 its E-Verify Employment Verification operators will participate in OSC's webinar training program for employers. Immediately preceding the investigation and during the investigation, Respondent had already made significant efforts to improve its internal human resources staff training and oversight. (Fairfield, CA)

On May 9, 2013, OSC issued a letter of resolution to a healthcare company resolving an allegation that the company discriminated in hiring on the basis of citizenship status when it posted web-based job advertisements seeking medical positions with U.S. citizen status. The investigation revealed the U.S. citizenship requirement in the job postings was not pursuant to law, regulation, government contract, or determination by the Attorney General, and was in violation of 8 U.S.C. §1324b's prohibition on citizenship status discrimination. The company removed the discriminatory advertisements, implemented a new job posting policy, and trained its staff both internally and externally through an OSC-sponsored webinar. The letter of resolution recognizes the company's remedial actions and its commitment not to discriminate on the basis of citizenship status in violation of 8 U.S.C. §1324b. (Portland, OR)

On May 10, 2013, the Division issued a letter of resolution resolving allegations that the company engaged in unfair documentary practices in the employment eligibility re-verification process. Specifically, the Charging Party, a legal permanent resident, alleged that the Company demanded more or different documents than required by law, and refused to provide back pay after she was terminated for failing to produce a new, unexpired legal permanent resident card ("green card"), despite having provided her then-unexpired green card during the employment eligibility verification process, when the company initially hired her. The Company has provided $15,000 in back pay to the Charging Party, and has agreed to undergo training on the INA's antidiscrimination provision to prevent potential discrimination in the future. (Washington, DC)

On May 23, 2013, OSC issued a letter of resolution following its independent investigation of a company engaged in real estate development, general contracting and construction management. The investigation showed that the company was using E-Verify on certain existing employees and at least one job applicant. In addition to agreeing to no longer use E-Verify for current employees or job applicants, the company agreed to participate in OSC's webinar training for employers as well as a USCIS webinar for employers using E-Verify. The company also took additional steps to ensure that all staff with E-Verify responsibilities would use the program properly. (Hanover, MD)

On June 7, 2013, OSC issued a letter of resolution resolving an individual charge alleging document abuse but OSC did not find a violation. However, the investigation developed information suggesting possible systematic deficiencies in the company's documentary practices which OSC believes can be addressed through appropriate training. The company has committed to having its district managers undergo OSC webinar trainings beginning in July 2013. OSC believes this commitment adequately addresses the noted deficiencies. (Los Angeles, CA)

On June 10, 2013, OSC issued a letter of resolution dismissing a charge of citizenship status discrimination filed by a U.S. citizen born in Puerto Rico. The charging party, a cashier, alleged that the company terminated him due to his immigration status. OSC dismissed the charged based on the parties' bilateral resolution of the charge, whereby the charging party received $3,220. The charging party found other employment after the company terminated him, and did not wish to be reinstated. (Miami, FL)

On June 14, 2013, OSC issued a letter of agreement resolving the issue raised by a charge alleging document abuse under 8 U.S.C. §1324b. The Charging Party, an asylee, alleged that the company committed document abuse when it required her to produce a green card after she presented a driver's license and Social Security card. Following OSC's investigation, it was determined that the underlying charge did not have merit and should be dismissed. The Charging Party had not correctly completed Part 1 of the Form I-9, thus precluding the employer from completing the Part 2 of the Form I-9. In the interim, the company entered into a bilateral agreement with the Charging Party wherein she received $116 in back pay, and requested dismissal of her charge. The company also agreed to have its managers participate in OSC's employer webinars to ensure that their human resources personnel engage in best practices under 8 U.S.C. §1324b, when there is miscommunication between the employer and employee during the completion of the I-9 process. (Newark, NJ)

On July 30, 2013, OSC issued a letter of resolution resolving an independent pre-investigation authorized on April 4, 2013. On April 18, 2013, OSC notified the company that it was initiating a pre-investigation to determine why it posted online job advertisements requiring U.S. citizenship. The response received on May 2, 2013, verified that the citizenship requirement was based on a contract with a Federal government agency which specified that the position must be filled by a U.S. citizen; however the respondent did not indicate such on its advertisements. Based on a commitment by the respondent to include the phrase "pursuant to government contract" when warranted, in future advertisements containing a citizenship status restriction. (Indianapolis, IN)

On August 20, 2013, OSC issued a letter of resolution resolving an independent investigation of alleged document abuse and unfair hiring practices against a state public health entity. The letter of resolution acknowledges that after OSC's investigation, the entity removed language from its application form that requested an applicant's alien registration number and expiration date and it also discontinued use of a new hire processing form that on its face appeared to request specific Form I-9 specific documents from individuals. Additionally, the entity's human resources personnel will participate in an OSC-sponsored webinar to learn about their responsibilities under 8 U.S.C. § 1324b. (Houston, TX)

On August 27, 2013, OSC issued a letter of resolution resolving an independent investigation of alleged job posting preference for U.S. citizens for specialized machinist. The letter of resolution acknowledges that a violation of 8 U.S.C. § 1324b did not occur because the job required the manufacturing of parts under federal contracts that explicitly excluded foreign nationals or immigrant aliens and allowed limited information to be known to the U.S. citizens. However, Respondent agreed to accept OSC's recommendation to include language in its current and future postings clearly stating that citizenship status is a requirement of the federal contract. (Houston, TX)

On August 28, 2013, OSC issued a letter of resolution resolving an independent investigation of an alleged pattern or practice of document abuse against an Illinois staffing company. The letter of resolution acknowledges that the company will refrain from asking applicants about their citizenship status when they apply for a job and from requesting specific Form I-9 documents from those individuals. The company also agrees to provide the list of the DHS-acceptable documents to each individual who completes a Form I-9 and allow the individual to choose. Additionally, the company's human resources personnel will participate in an OSC-sponsored webinar to learn about their responsibilities under 8 U.S.C. § 1324b. (West Chicago, IL)

On August 30, 2013, OSC issued a letter of resolution completing an investigation of alleged document abuse and citizenship status discrimination filed against an employment agency. The letter of resolution acknowledged that after OSC completed its investigation, the agency revised its recruitment and hiring practices and discontinued an unwritten practice of requesting an identification document and social security card of each applicant before allowing him or her to complete a job application. The employment agency has also notified all staff of OSC's toll-free hotline number. (Lumberton, NC)

On September 19, 2013, in four separate and unrelated charges against a company, the charges alleged that human resources officials at a local outlet engaged in citizenship status discrimination and document abuse in the verification and re-verification process that resulted in their termination. In each of these cases, OSC's investigation developed facts arguably sustaining a prima facie case of document abuse in the employment re-verification process. Based on their separate investigations, each of the three different OSC staff members independently concluded that the company officials advanced or non-pretextual legitimate non-discriminatory reason rebutting the prima facie case or the alleged act of document abuse took place under factual circumstances that that undermined the inference of discrimination flowing from the prima facie case. Before OSC issued its investigative findings, counsel for the company advised OSC that his client was willing to explore the possibility of a global settlement resolving all four charges. The terms and understanding contained in the letter resolution stated that the company provide each Charging Party backpay and the company agreed to go through extensive training. (Lynn, MA; Clearwater, FL; Stockbridge, GA; Lincoln, NE)

On September 20, 2013, OSC issued a letter of resolution resolving an independent investigation of alleged job posting preference for U.S. citizens for an Administrative/Accounting Clerk by a company. The letter of resolution acknowledges that the company will not recruit or hire workers based on their citizenship status and will not post discriminatory job advertisements requiring U.S. citizenship. The company also agrees to update its employee policy manual. Additionally, the company's human resources personnel will participate in an OSC-sponsored webinar to learn about their responsibilities under 8 U.S.C. § 1324b. (Norcross, GA)