IER LETTERS OF RESOLUTIONS FY 2020

IER 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 2020 (October 1, 2019 - September 30, 2020):

On October 22, 2019, IER issued a letter of resolution dismissing a charge alleging that a hospital system committed an unfair documentary practice against a lawful permanent resident prohibited under 8 U.S.C. §§ 1324b(a)(1) and (6).  Although there was insufficient evidence that the hospital reverified the Charging Party’s continued employment authorization and terminated his employment based on citizenship status, the investigation revealed practices related to the reverification of employees’ work authorization that could result in potential violations.  The letter of resolution reflects the hospital system’s commitment to have staff participate in an IER webinar, to modify problematic procedures, and to ensure that its employment eligibility verification processes complies with §1324b.  The letter of resolution also reflects the hospital system’s voluntary decision to reinstate the Charging Party. (New York, NY)

On October 25, 2019, IER issued a letter of resolution against a technology company with government contracts dismissing an independent investigation of possible citizenship status discrimination. Although there was insufficient evidence to support a reasonable cause belief that the company violated 8 U.S.C. § 1324b, the investigation revealed several deficiencies in the hiring and contracting processes that, if left unaddressed, could lead to such violations.  The letter of resolution memorializes Respondent’s commitment to have certain staff members attend an IER webinar and review IER educational material to ensure that it properly understands its obligations. (Baltimore, MD)

On November 6, 2019, IER issued a letter of resolution (“LOR”) dismissing a charge-based and related independent investigation of unfair documentary practices based on citizenship status against a waste management company.  Although there was insufficient evidence that the company committed violated 8 U.S.C. § 1324b, the investigation identified numerous shortcomings in the company’s Form I-9 and E-Verify practices that could lead to statutory violations in the future.  The LOR memorializes the company’s commitment to use Form I-9 and E-Verify software that complies with § 1324b, include § 1324b education in its training for all users of the new Form I-9 and E-Verify software the company plans to implement, require certain staff to attend an IER HR/Employer webinar, and ensure its staff has access to Form I-9 and E-Verify guidance documents. (Houston, TX)

On December 20, 2019, IER issued a letter of resolution (“LOR”) dismissing a charge-based investigation of unfair documentary practices and discriminatory termination based on citizenship status against a linen service company.  Although there was insufficient evidence that the employer terminated the Charging Party in violation of § 1324b, the investigation revealed problematic employment eligibility verification practices that, if left unaddressed, could result in future violations of § 1324b.  The LOR memorializes the employer’s actions to resolve the concerns raised in the charge by rehiring the Charging Party, and paying her $1,968 in back pay for missed work.  The employer also committed to comply with § 1324b, including requiring HR staff to attend an IER HR/Employer webinar and ensuring access to Form I-9 and E-Verify guidance documents. (Miami, FL)

On January 22, 2020, IER issued a letter of resolution dismissing a charge against a designer furniture store for potential citizenship status discrimination and unfair documentary practices arising from the store’s hiring process.  Specifically, a store manager appeared unfamiliar with the regulation concerning the acceptance of receipts as proof of employment eligibility if the original card or document demonstrating work authorization is lost or damaged. Although there was insufficient evidence that the company engaged in citizenship status discrimination or unfair documentary practices, the investigation identified deficiencies in the store’s employment eligibility verification (EEV) processes.  The letter of resolution memorializes the company’s commitment to have its staff who complete Form I-9s attend an IER webinar and to comply with the rules and regulations surrounding all EEV processes.  (Natick, MA)

On January 29, 2020, IER issued a letter of resolution (“LOR”) dismissing a charge against a financial services company alleging a discriminatory discharge from employment and unfair documentary practices based on citizenship status. The charging party, a lawful permanent resident, alleged that, based on her citizenship status, the company rejected her valid Form I-9 documentation (an I-551 stamp on a Machine-Readable Immigrant Visa (MRIV)), requested she instead provide her Permanent Resident Card, and suspended her employment when she failed to present it. Although IER’s investigation did not find reasonable cause to believe that the company’s actions constituted unfair documentary practices or discriminatory discharge based on citizenship status in violation of 8 U.S.C. § 1324b, the company’s actions exposed deficiencies in the company’s Form I-9 practices that could lead to statutory violations or the appearance thereof. During the investigation, the company voluntarily paid the charging party back pay for the approximately two weeks of work she missed due to the company’s rejection of her valid Form I-9 documentation. The LOR memorializes that payment, the company’s decision to post IER’s “If You Have the Right to Work” posters, and the company’s plans to participate in IER-provided training and to avoid requesting more or different Form I-9 documentation than required for initial employment eligibility verification or reverification of continued employment authorization. (Lynnwood, WA)

On February 14, 2020, IER issued a letter of resolution (“LOR”) closing an independent investigation against a company that provides services, including staffing services, to specialty shops regarding alleged citizenship status discrimination. Although there was insufficient evidence that the company based its hiring decisions on citizenship status, the investigation revealed deficiencies in the company’s job advertisement process, which resulted in the company including an impermissible citizenship status requirement in some of its job advertisements. Immediately upon learning of IER’s investigation, the company removed the citizenship status requirement from its job advertisements and instructed its employees to ensure future job advertisements do not contain citizenship status requirements. The LOR memorializes the company’s commitment to comply with 8 U.S.C. § 1324b in all respects, including by ensuring its future job advertisements do not contain impermissible citizenship status requirements, and have its human resources staff attend an IER webinar. (New York, NY)

On February 20, 2020, IER issued a letter of resolution closing an investigation of a private company that was contracted with a state agency to process and pay for child care services.  IER initiated its investigation to determine if the company made unfair document requests to certain child care providers based on their national origin or citizenships status in violation of 8 U.S.C. Section 1324b(a)(6).  Although there was insufficient evidence that the company’s employment reverification process practice was in violation of the law the investigation highlighted practices related to reverification that could result in future violations.  The letter of resolution reflects the company’s commitment to have all individuals responsible for training on, supervising, and or conducing verification and re-verification participate in an IER training webinar and modify their policies and practices to be consistent with the requirements of 8 U.S.C. section 1324b. (Baldwin Park, CA)

On February 25, 2020, IER issued a letter of resolution dismissing a charge-based investigation of a retail services provider. The Charging Party, a U.S. citizen, alleged the company committed an unfair documentary practice in violation of 8 U.S.C. § 1324b(a)(6) by rejecting her valid U.S. passport as sufficient to establish her employment authorization during the Form I-9 completion process. Although there was insufficient evidence that the company’s document rejection discriminated against the Charging Party based on her citizenship status, the investigation revealed deficiencies in the company’s practices related to verifying employees’ work authorization that could lead to statutory violations. The letter of resolution reflects the company’s commitment to participate in an IER webinar and ensure that its employment eligibility verification process complies with 8 U.S.C. § 1324b. (Richmond Hill, GA)

On March 2, 2020, IER investigated a charge of citizenship status discrimination and unfair documentary practices filed by a lawful permanent resident against a nationwide staffing company. While the investigation did not establish any violations of the INA’s anti-discrimination provision, it did reveal deficiencies in the companies E-Verify procedures that, if left unaddressed, could result in such violations.  To address these potential problems, the company committed to provide its human resources personnel additional training on the E-Verify process and its non-discrimination requirements.  In addition, the company and the Charging Party signed a separate bilateral agreement under which the CP received $6,240.00 in back pay and an offer of reinstatement. (Chester, VA)

On March 10, 2020, IER issued a letter of resolution closing an independent investigation into possible unfair documentary practices based on citizenship status by a human resource consulting company. While the investigation found insufficient evidence to support a reasonable cause belief that the company had engaged in violations of  8 U.S.C. § 1324b, it identified deficiencies in the company’s employment eligibility verification (EEV) practices that, if left unaddressed, could lead to such violations  The company committed to have hiring and onboarding involved employees involved participate in IER internet-based training and to ensure that its EEV processes comply with the anti-discrimination requirements of §1324b(a)(6). (Phoenix, AZ)

On March 26, 2020, IER issued a letter of resolution (“LOR”) closing an independent investigation of a city in Indiana that had posted job advertisements that incorporated a U.S. citizenship requirement.  While IER found insufficient evidence to establish reasonable cause to believe the city based its hiring decisions on citizenship status, the investigation did reveal deficiencies in the city’s recruitment process that, if not addressed, could lead to a violation of 8 U.S.C. § 1324b. After notice of IER’s investigation, the city unilaterally removed impermissible citizenship status language from its job posting templates. The LOR memorializes the city’s unilateral action during the investigation to remove impermissible citizenship status language from its job postings, expand its nondiscrimination policy to prohibit citizenship status discrimination in violation of 8 U.S.C. § 1324b(a)(3), require employees responsible for reviewing job advertisements to participate in free IER-provided internet-based training, and to post IER’s “If You Have the Right to Work” poster in locations routinely viewed by city employees and applicants for employment. (Indiana)

On April 18, 2020, IER issued a letter of resolution (“LOR”) dismissing a charge of discriminatory firing based on citizenship status against an apparel company.  Although there was insufficient evidence to support reasonable cause to believe the company terminated an employee based on citizenship status in violation of 8 U.S.C. §1324b, the investigation identified a number of deficiencies in HR training and employment practices at one of the company’s stores that, if left unaddressed, could lead to such violations in the future.  The LOR memorializes the company’s unilateral commitment to have staff attend an IER HR/Employer webinar and provide Form I-9 guidance documents to staff responsible for hiring, firing and completion of the employment eligibility verification process. (Sunrise, FL)

On April 24, 2020, IER issued a letter of resolution closing an investigation of a large drywall installation company. IER’s investigation was initiated to determine if the company had pattern or practice of engaging in an unfair documentary practice against non-citizens in violation of 8 U.S.C. § 1324b(a)(6).  Although there was insufficient evidence that the company’s employment eligibility verification (EEV) practice rose to the level of a violation, the investigation revealed practices related to the EEV process that could result in future violations.  The letter of resolution reflects the company’s commitment to have human resources staff and all employees involved in the hiring and onboarding process complete an IER webinar, to modify problematic procedures, and to ensure that its employment eligibility verification processes complies with §1324b. (Prescott, AZ)

On May 6, 2020, IER issued a letter of resolution dismissing a charge alleging that an insurance company committed an unfair documentary practice against an alien authorized to work prohibited under 8 U.S.C. § 1324b(a)(6).  Although there was insufficient evidence that the company violated the law, the investigation revealed practices related to the reverification of employees’ work authorization that could result in potential violations.  The letter of resolution reflects the company’s commitment to have staff participate in an IER webinar, and make sure staff have access to the most current version of the USCIS Employment Eligibility Verification Handbook for Employments (M-274). (Daytona Beach, FL)

On May 7, 2020, IER issued a letter of resolution dismissing a charge-based investigation. The Charging Party, a lawful permanent resident, alleged a staffing agency committed an unfair documentary practice based on citizenship status by requesting additional documentation after her Permanent Resident Card expired and firing her when she failed to do so. Although IER’s investigation did not find reasonable cause to believe the agency violated 8 U.S.C. § 1324b, the investigation identified practices that, if left unaddressed, could lead to violations of 8 U.S.C. § 1324b. The letter of resolution reflects the staffing agency’s commitment to have staff members attend an IER webinar, review IER informational materials, and comply with 8 U.S.C § 1324b. The letter of resolution also reflects the staffing agency’s voluntary decision to reinstate the Charging Party. (Phoenix, AZ)

On May 7, 2020, IER issued a letter of resolution dismissing a charge alleging that a staffing agency committed an unfair documentary practice in violation of 8 U.S.C. § 1324b(a)(6). Although there was insufficient evidence that the company engaged in an unfair employment practice, the investigation revealed deficiencies in the company’s employment eligibility verification (EEV) practices. The letter of resolution memorializes the staffing agency’s commitment to attend an IER webinar, review IER informational materials, and comply with the rules and regulations surrounding the EEV process. The letter of resolution also reflects the staffing agency’s voluntary decision to reinstate the Charging Party. (Orlando, FL)

On May 7, 2020, IER issued a letter of resolution closing an independent investigation of a staffing agency. While there was insufficient evidence that the company’s actions violated 8 U.S.C. § 1324b, IER’s investigation identified deficiencies in the company’s employment eligibility verification (EEV) practices. The letter of resolution reflects the company’s commitment to attend an IER webinar and ensure that its hiring policies and EEV activities comply with 8 U.S.C. § 1324b. (Atlanta, GA)

On May 13, 2020, IER issued a letter of resolution (“LOR”) dismissing a charge-based investigation of unfair documentary practices and discriminatory termination based on national origin against a corporation that operates a chain of restaurants.  Although there was insufficient evidence to support a reasonable cause belief that the company’s Hobbs, NM location violated 8 U.S.C. § 1324b, the investigation revealed deficiencies in the Form I-9 and E-Verify processes that, if left unaddressed, could lead to such violations.  The LOR memorializes the employer’s actions to resolve the concerns raised in the charge by paying the Charging Party $2,160 in back pay for missed work, committing to comply with § 1324b, requiring HR staff and hiring managers to attend an IER HR/Employer webinar, and ensuring access to Form I-9 and E-Verify guidance documents. (Hobbs, NM)

On May 22, 2020, IER issued a letter of resolution (LOR) dismissing a charge against an IT consulting company for potential citizenship status discrimination in recruitment and hiring based on the charging party’s application to a job posting, on the company’s website, that encouraged candidates with specific temporary visa statuses to apply.  Although IER did not find reasonable cause to believe that the company violated 8 U.S.C. § 1324b, IER did identify deficiencies in the company’s recruitment and hiring practices that could lead to statutory violations. The LOR memorializes the company’s commitment to refrain from posting advertisements that mention specific citizenship status, unless there is a valid reason under 8 U.S.C. § 1324b. The company also agreed that all individuals responsible for its recruitment and hiring will attend an IER Employer webinar training. (Sterling, VA)

On May 27, 2020, IER issued a letter of resolution (LOR) closing an independent against a bus driver company for subjecting lawful permanent residents to unfair documentary practices at initial hire and re-verification process based on their citizenship.  Although IER did not find reasonable cause to believe that the company violated 8 U.S.C. § 1324b(a)(6), IER did identify deficiencies in the company’s employment eligibility verification and reverification practices could lead to statutory violations. The LOR memorializes the company’s commitment to refrain from requesting specific documents from individuals during on the on-boarding process and the re-verification process in accordance with 8 U.S.C. § 1324b. The company also agreed that all individuals responsible for its recruitment and hiring will attend an IER Employer webinar training and the company will post IER’s English and Spanish posters. (Melville, NY)

On June 4, 2020, IER issued a letter of resolution (“LOR”) closing an independent investigation of citizenship status discrimination against a technology company.  IER investigated the company after learning of job advertisements relating to International Traffic and Arms Regulations (ITAR) positions that were seemingly limited to U.S. citizens and lawful permanent residents. During the investigation the company revised its job announcements to make clear that any U.S. person (defined as U.S. citizen, national, lawful permanent resident, asylee, and refugee) were eligible for the positions. Ultimately, IER did not find sufficient evidence that the company committed discrimination when advertising or hiring for the ITAR positions, but the investigation revealed problematic practices that, if left unaddressed, could result in future violations of §1324b.  The LOR memorializes the employer’s unilateral decision to train its employees by having their staff attend an IER webinar and review IER educational materials. (San Jose, CA)

On June 10, 2020, IER issued a letter of resolution (LOR) dismissing a charge against a defense contractor for allegedly discriminating based on citizenship status and retaliating against a prospective employee who challenged the company’s responses to questions about acceptable work authorization documentation.  Although IER did not find reasonable cause to believe that the company violated 8 U.S.C. § 1324b, IER did identify deficiencies in the company’s recruitment and hiring practices that could lead to statutory violations. The LOR memorializes the company’s commitment that it will require managers and supervisors to provide Form I-9 instructions to prospective employees and direct related questions to a Human Resources professional. The company also agreed that Human Resources professionals responsible for the employment eligibility verification process will attend an IER employer training webinar. (Carlsbad, CA)

On July 17, 2020, IER issued a letter of resolution closing an independent investigation of a retail food chain.  Although there was insufficient evidence that the company engaged in unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6), IER’s investigation identified deficiencies in the company’s employment eligibility verification (“EEV”) processes that could lead to violations.  The letter of resolution reflects the company’s commitment to have centralized staff involved in the hiring and EEV processes participate in an IER webinar, review IER educational material, and become familiar with and access USCIS resources such as the I-9 Central website, Handbook for Employers (M-274) and E-Verify User Manual (M-775). (New York, NY)

On July 20, 2020, in connection with a charge-based investigation of a multinational technology company, IER found insufficient evidence to support a reasonable cause to believe that the company had engaged in citizenship status discrimination or unfair documentary practices against an asylee in violation of 8 U.S.C. § 1324(s)(1) or (a)(6).  The investigation did, however, reveal deficiencies in the company’s reverification procedures that, if left unaddressed, could result in such violations in the future.  IER concluded that this potential for discrimination would be adequately addressed if the company committed to provide its human resources personnel additional resources and training on the reverification process.  Separately, the company unilaterally agreed to rehire the Charging Party, and pay $5,400.00 in back pay.  (Seattle, WA)

On July 30, 2020, IER issued a letter of resolution dismissing a charge alleging that an airport badging office committed unfair documentary practices against a naturalized U.S. citizen in violation of 8 U.S.C. § 1324b(a)(6), when the airport asked him to produce a new permanent resident card (PRC) after his previous PRC expired, to renew his badge.  During the investigation, the airport admitted that it incorrectly asked for the new PRC based on the airport’s misunderstanding of Transportation Safety Administration (TSA) requirements. During the investigation the airport overhauled its badging practices to conform to TSA requirements, including: 1) no longer requiring DHS documents from foreign-born individuals who show other acceptable documentation, and 2) no longer reverifing PRCs.  Although there was insufficient evidence to establish a § 1324b(a)(6) violation, the investigation revealed that the airport’s original misunderstanding of TSA rules could lead to potential violations.  The letter of resolution reflects the airport’s changes to its badging policies and its commitment to follow TSA rules with respect to what documents foreign-born badging applicants can show to satisfy badging requirements. (Florida)

On July 30, 2020, IER issued a letter of resolution dismissing a charge of unfair documentary practices based on citizenship status against a specific branch of a nationwide retailer filed by a U.S. citizen.  Although there was insufficient evidence that the company engaged in discriminatory conduct in violation of the law, the investigation revealed practices related to the company’s employment eligibility verification process that, if unaddressed, could lead to such violations.  The letter of resolution reflects the company’s commitment to have human resources staff participate in an IER webinar, and ensure that human resources staff have ready access to the most current version of the USCIS Employment Eligibility Verification Handbook for Employments (M-274). (Zanesville, OH)

On August 4, 2020, IER issued a letter of resolution dismissing a charge alleging that a fast food restaurant committed an unfair documentary practice against a U.S. citizen. Although there was insufficient evidence to support a reasonable cause belief that the company violated 8 U.S.C. § 1324b, the investigation revealed deficiencies in the company’s employment eligibility verification and Form I-9 internal audit practices that, if left unaddressed, could lead to violations of § 1324b. The letter of resolution memorializes the company’s commitment to have staff participate in an IER webinar and ensure that its employment eligibility verification process complies with § 1324b. (Rocky Mount, VA)

On August 13, 2020, IER issued a letter of resolution resolving an independent investigation of an immersion school in Minnesota regarding potential citizenship status discrimination prohibited under 8 U.S.C. § 1324b(a)(1).  IER investigated this matter as part of its Protecting U.S. Workers Initiative.  Although IER’s investigation did not find reasonable cause to believe that the employer violated § 1324b, IER identified issues in the company’s recruitment processes that, if left unaddressed, could result in or create the appearance of a violation. The LOR memorializes the employer’s commitment to have staff participate in an IER webinar, to ensure that the employer fairly considers U.S. workers for its immersion teaching positions, and that positions advertised as part of PERM Labor Certification labor market tests correctly describe the requirements for the positions. (Minneapolis, MN)

On August 21, 2020, IER issued a letter of resolution dismissing a charge alleging that a technology staffing company committed citizenship status discrimination during the hiring process. Although there was insufficient evidence to support a finding of reasonable cause that the company violated 8 U.S.C. § 1324b, the investigation revealed deficiencies in the hiring and staffing processes for certain clients that, if left unaddressed, could lead to such violations.  The letter of resolution memorializes Respondent’s commitment to have its Human Resources and recruiting staff attend an IER webinar and review past IER press releases and educational materials to ensure that it properly understands its obligations. (Chantilly, VA)

On September 14, 2020, IER issued a letter of resolution (LOR) dismissing a charge against a non-profit organization for allegedly committing unfair documentary practices.  Although IER did not find reasonable cause to believe that the company violated 8 U.S.C. § 1324b, IER did identify deficiencies in the company’s Form I-9 completion process that could lead to statutory violations. The LOR memorializes the company’s commitment that it will not ask for additional documentation if an employee presents a valid unexpired Employment Authorization Document. The company also agreed that Human Resources professionals responsible for the employment eligibility verification process will receive training materials, be made aware of IER’s employer hotline should they have Form I-9 questions, and attend an IER employer training webinar. (Washington, DC)

On September 15, 2020, IER issued a letter of resolution dismissing a charge-based investigation of a farm labor contractor.  The Charging Party, a U.S. citizen, alleged the company terminated his employment based on his citizenship status in violation of 8 U.S.C. § 1324b(a)(1).  Although there was insufficient evidence that the company discriminated against the Charging Party based on his citizenship status, the investigation revealed deficiencies in the company’s practices related to verifying work authorization that could lead to statutory violations.  The letter of resolution reflects the company’s commitment to participate in an IER webinar and ensure its staff has access to the most current version of the USCIS Employment Eligibility Verification Handbook for Employers (M-274). (Sanger, CA)

On September 18, 2020, IER issued a letter of resolution dismissing a charge alleging that a clothing retailer committed an unfair documentary practice. Although there was insufficient evidence to support a reasonable cause belief that the company violated 8 U.S.C. § 1324b, the investigation revealed deficiencies in the company’s employment eligibility verification practices that, if left unaddressed, could lead to violations of § 1324b. The letter of resolution memorializes the company’s commitment to have staff participate in an IER webinar and ensure that its employment eligibility verification process complies with § 1324b. (Katy, TX)

On September 29, 2020, IER issued a letter of resolution dismissing a charge against an autobody company alleging discriminatory hiring and unfair documentary practices based on citizenship status in violation of 8 U.S.C. § 1324b.  Although there was insufficient evidence to support a reasonable cause finding that the company engaged in discriminatory hiring and unfair documentary practices, the investigation identified deficiencies in the company’s employment eligibility verification (EEV) policies and procedures that, if left unaddressed, could lead to violations of the INA’s anti-discriminatory provision.  The letter of resolution outlines the company’s unilateral commitment to have its human resources participate in IER training and to comply with the rules and regulations in connection with its EEV process. (Lewisville, TX)

On September 30, 2020, IER issued a letter of resolution dismissing a charge alleging that a technology staffing company committed citizenship status discrimination during the hiring process. Although there was insufficient evidence to support a finding of reasonable cause to believe that the company violated 8 U.S.C. § 1324b, the investigation revealed deficiencies in its recruitment practices that, if left unaddressed, could lead to such violations.  The letter of resolution memorializes Respondent’s commitment to have its Human Resources and recruiting staff attend an IER webinar to ensure that it properly understands its recruitment and hiring obligations.  Respondent also committed to removing old job vacancy announcements that appeared to prefer individuals with a particular immigration status and refrain from such postings in the future. (Jersey City, NJ)