IER LETTERS OF RESOLUTIONS FY 2021

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 2021 (October 1, 2020 - September 30, 2021):

On October 19, 2020, IER issued a letter of resolution closing an independent investigation of a technology staffing company for possible citizenship status discrimination. Although there was insufficient evidence that the company violated 8 U.S.C. § 1324b, the investigation revealed several job advertisements that the company or its agents posted that contained problematic language referencing particular citizenship statuses that, if left unaddressed, could lead to such violations.  The letter of resolution memorializes Respondent’s commitment to refrain from using any references in its job advertisements to a specific citizenship, immigration, or employment-based visa status absent a valid legal basis for a citizenship status restriction, to remove all job advertisements posted by it or its agents that refer to a specific citizenship, immigration, or employment-based visa status, and to require company recruiters and recruiting agents to attend an IER webinar to ensure that they properly understand their obligations under § 1324b. (Piscataway, NJ)

On October 20, 2020, IER issued a letter of resolution dismissing a charge alleging unfair documentary practices in violation of 8 U.S.C. § 1324b against the Denver, Colorado office of a staffing company headquartered in Texas.  Although there was insufficient evidence to support a reasonable cause finding that the company engaged in 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. (Plano, TX)

On October 23, 2020, IER issued a letter of resolution resolving a charge-based investigation of a retailer in Utah regarding alleged unfair documentary practices prohibited under 8 U.S.C. § 1324b(a)(6).  Although IER’s investigation did not find reasonable cause to believe that the employer violated the law, IER did identify a lack of knowledge by some individuals regarding the rules of the Form I-9, which, if not addressed, could lead to a violation of the INA’s anti-discrimination provision. The LOR memorializes the employer’s commitment to have staff participate in an IER webinar, and to review and have access to resources related to the Form I-9.  The letter also reflects the employer’s voluntary commitment to pay the Charging Party $1,817.60 in lost wages.  (Salt Lake City, UT)

On November 19, 2020, IER issued a letter of resolution dismissing a charge against a multinational professional services company for potential citizenship status discrimination and unfair documentary practices arising from the store’s recruitment process.  Specifically, a recruiter appeared not to understand that DACA recipients are eligible to work in the United States, though the DACA recipient was eventually hired.  Although there was insufficient evidence that the company engaged in citizenship status discrimination or unfair documentary practices, the investigation identified deficiencies in the recruitment processes.  The letter of resolution memorialized the company’s commitment to have staff who recruit and complete Form I-9s attend an IER training, and to comply with the rules and regulations surrounding all EEV processes.  Several hundred employees subsequently participated in the training. (Chicago, IL)

On January 11, 2021, IER issued a letter of resolution closing an independent investigation of a technology staffing company for possible citizenship status discrimination in hiring.  Although there was insufficient evidence that the company violated 8 U.S.C. § 1324b, the investigation revealed that the company posted a job advertisement containing   language referencing particular citizenship statuses and employment-based visas that, if left unaddressed, could lead to such violations.  The letter of resolution memorializes Respondent’s commitment to refrain from using any references in its job advertisements to a specific citizenship, immigration, or employment-based visa status absent a valid legal basis for a citizenship status restriction, to remove the job advertisement the company or its agents posted  along with  all coding or links pointing to the ad, and to require company recruiters and recruiting agents to attend an IER webinar to ensure that they properly understand their obligations under § 1324b. (Fremont, CA)

On February 1, 2021, IER issued a letter of resolution closing an independent investigation of an airport for unfair documentary practices and possible citizenship status discrimination during the hiring process.  Although there was insufficient evidence that the company violated 8 U.S.C. § 1324b, the investigation revealed concerning hiring statistics and the selective use of E-Verify that, if left unaddressed, could lead to violations of the Immigration and Nationality Act’s anti-discriminatory provision.  The letter of resolution memorializes Respondent’s commitment to comply with provisions of 8 U.S.C. § 1324b, including by not applying U.S. citizenship requirements to open positions unless there is a valid legal basis for such a requirement in accordance with 8 U.S.C. § 1324b(a)(2)(C); to use E-Verify in a manner that complies with the terms of the E-Verify Memorandum of Understanding; and to require company employees with a role in the hiring process to attend an IER webinar to ensure that they properly understand their obligations under § 1324b.  (Michigan)

On February 8, 2021, IER issued a letter of resolution dismissing a charge alleging unfair documentary practices in violation of 8 U.S.C. § 1324b against a Rancho Cordova, California fast food restaurant.  Although there was insufficient evidence to support a reasonable cause finding that the restaurant engaged in unfair documentary practices, the investigation identified deficiencies in the company’s employment eligibility verification (EEV) policies and procedures, the procedures for accepting student school records to complete the Form I-9, 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 and hiring managers in all locations participate in IER training and to comply with the rules and regulations in connection with its EEV process. (Diamond Bar, CA)

On March 12, 2021, IER issued a letter of resolution dismissing a charge against a New Jersey-based IT staffing company alleging hiring discrimination in violation of 8 U.S.C. § 1324b.  While there was insufficient evidence to support a reasonable cause finding that the company had a preference for temporary visa holders or that it failed to consider U.S. workers for employment, the investigation identified deficiencies in the company’s recruiting and hiring practices that, if left unaddressed, could lead to violations of the INA’s anti-discrimination provision.  The letter of resolution outlines that company’s commitment to have its employees, and the employees of its Indian-based company involved in the hiring and recruiting for positions in the United States, participate in an IER training webinar. (Monmouth Junction, NJ)

In November 2020, IER received a submission by a DACA recipient against a multinational corporation. The Charging Party alleged that citizenship status discrimination and unfair documentary practices lead to her termination in September 2020. She was rehired several weeks later but at a lower hourly wage. On March 19, 2021, the Charging Party signed a bilateral agreement where she received her prior hourly wage rate and $4,712.50 in backpay, and had her seniority restored. In the agreement, the Charging Party withdrew her submission. IER closed the submission on March 30. (Naperville, IL)

On April 1, 2021, IER issued a letter of resolution resolving a charge-based investigation of a behavioral health provider in Tennessee regarding alleged citizenship status discrimination and unfair documentary practices prohibited under 8 U.S.C. § 1324b(a)(1) and (a)(6).  Although IER’s investigation did not find reasonable cause to believe that the employer violated the law, the investigation did identify some employment eligibility verification practices which, if not addressed, could lead to a violation of the INA’s anti-discrimination provision. The LOR memorializes the employer’s commitment to have staff participate in an IER webinar, and to review and have access to resources related to the Form I-9.  The letter also notes the employer’s settlement with the Charging Party under which it paid him $13,461.56 in lost wages. (Knoxville, TN)

On May 11, 2021, IER issued a letter of resolution dismissing a charged-based investigation of a business process company based on allegations of citizenship status discrimination and unfair documentary practices.  The company failed to provide a U.S. citizen employee with proper notice of an E-Verify Tentative Nonconfirmation (TNC), and when the employee received a Final Nonconfirmation (FNC), the company asked her for additional Form I-9 documents and then terminated her. Although there was insufficient evidence that the company’s actions were based on the worker’s status as a native born U.S. citizen, the investigation revealed several problematic policies and practices that, if left unaddressed, could lead to discrimination. For example, the company’s Form I-9 software solicited certain unnecessary information from individuals based on their citizenship status, and those who supervised employment eligibility verification processes had insufficient knowledge of Form I-9/E-Verify rules. The letter of resolution memorializes Respondent’s commitment to: 1) regularly train its managers and line employees on Form I-9/E-Verify, 2) review its communications to new human resources employees to ensure they comply with Form I-9 rules, 3) ensure that its Form I-9 software does not deviate from requirements under Form I-9 laws and regulations, and 4) follow proper procedures for TNCs/FNCs. (Richardson, TX)

On May 19, 2021, IER issued a letter of resolution (LOR) to dismiss a charge that accused a service station of firing a worker because she contacted IER’s worker hotline about an expired form (Form I-9) the employer used to make sure its new employees are allowed to work in the United States.  Although IER did not find reasonable cause to believe that the company violated 8 U.S.C. § 1324b, IER identified shortcomings in the way the company conducted the Form I-9 completion process that could lead to future legal violations. The LOR includes the company’s commitment to revise its onboarding packet and company handbook to reflect that workers have the choice to present any acceptable documents for employment eligibility verification. The company also agreed that Human Resources professionals responsible for the employment eligibility verification process will receive training materials and attend an IER employer training webinar. (Plymouth, MI)

On May 19, 2021, IER issued a letter of resolution dismissing a charge alleging that a company that manufactures and rehouses lenses discriminated against a U.S. citizen when it refused to hire him  based on his perceived citizenship status and national origin, in violation of 8 U.S.C. § 1324b(a)(1).  Although there was insufficient evidence that the company did not hire the Charging Party based on his perceived citizenship status or national origin, the investigation revealed recruitment practices that could result in future violations.  The letter of resolution reflects the company’s commitment have staff complete an IER webinar and to revise the text of automatic emails sent to online applicants to clarify that the company does not have a citizenship status preference.  (Los Angeles, CA)

On May 21, 2021, IER issued a letter of resolution dismissing an independent investigation of a government contractor for possible citizenship status discrimination during its hiring process.  IER decided not to take formal enforcement action to address a job advertisement that could potentially violate the INA’s antidiscrimination statute, 8 U.S.C. § 1324b, because of a federal department’s involvement in the hiring process.  However, unless the contractor’s hiring practices are addressed, they could lead to future legal violations.  The letter of resolution documents the company’s commitment to familiarize itself with all relevant federal regulations and orders related to hiring at its location, and require all employees or representatives involved with recruiting or hiring to attend an IER training webinar. (Aiken, SC)

On May 22, 2021, IER issued a letter of resolution dismissing a charge that accused a technology staffing company of discriminating based on citizenship status during its hiring process.  IER decided not to take formal enforcement action to address two job advertisements that could potentially violate the INA’s antidiscrimination statute, 8 U.S.C. § 1324b, because its investigation revealed that the company regularly interviewed and hired workers of all different citizenship and visa statuses despite the two advertisements’ language suggesting otherwise.  Unless the problematic ads are addressed, however, they could lead to future legal violations.  The letter of resolution documents the company’s commitment to remove all job advertisements that refer to a specific citizenship, immigration, or employment-based visa status unless it has a valid legal basis for such a restriction; avoid posting any job advertisement with language that discriminates on the basis of citizenship or immigration status and could exclude applicants who are protected against such discrimination unless there is a valid legal basis for the limitation; ensure that a manager approves every job advertisement before it is posted on any job recruitment platform; and require all company employees or representatives involved with recruiting or hiring to attend an IER training webinar. (Princeton, NJ)

On May 26, 2021, IER issued a letter of resolution dismissing a charge against a vegetable farm for potential citizenship status discrimination arising from the farm’s hiring process.  Specifically, the charging party alleged that the farm failed to hire him because he is a U.S. citizen.  Although there was insufficient evidence that the company engaged in citizenship status discrimination, the investigation identified deficiencies in the farm’s processing of Forms I-9.  The letter of resolution memorialized the farm’s commitment to have staff who recruit and complete Form I-9s attend an IER training. (Gervais, OR)

On July 22, 2021, IER issued a letter of resolution dismissing a charge alleging unfair documentary practices and discriminatory termination by officials at a local retail outlet of a multi-state furniture company in violation of 8 U.S.C. § 1324b(a)(6).  The Charging Party, a Lawful Permanent Resident, alleged that the violations led to her termination on February 20, 2020.  In May 2020, the Charging Party and company signed a bilateral agreement under which the CP  was reinstated and paid backpay for lost wages.  The letter of resolution notes the bilateral agreement providing individual relief to the CP and memorializes the company’s unilateral actions and commitments during the IER’s investigation regarding future training of its Human Resources personnel and commitment to ensuring compliance with  the rules and regulations governing the employment eligibility verification process.  (Tuskegee, AL)

On September 13, 2021, IER issued a letter of resolution (LOR) dismissing a charge that accused a nonprofit of requesting a specific document (a U.S. Passport) based on citizenship status when completing the Form I-9, and retaliating against the charge filer by making her sign an updated employee handbook that limited her ability to cooperate with IER.  Although IER did not find reasonable cause to believe that the nonprofit’s actions violated 8 U.S.C. § 1324b, IER identified shortcomings in the nonprofit’s Form I-9 completion process and employee handbook that could lead to future legal violations. The LOR documents the nonprofit’s commitment to revise its employee handbook to reflect that workers have the ability to cooperate with government agencies if they have a good faith belief that a law has been broken.  The nonprofit also agreed to designate an individual to be responsible for completing the Form I-9, and who will receive training materials and attend an IER employer training webinar. (Beverly Hills, CA)

On September 23, 2021, IER issued a letter of resolution dismissing a charge alleging that a New Jersey office of a multi-state staffing agency engaged in unfair documentary practices in violation of 8 U.S.C. § 1324b.  During IER’s investigation, the Company and the Charging Party entered into a private bilateral agreement reinstating the Charging Party and providing $16,216. 88 in back pay for lost wages.  While IER’s investigation did not find sufficient evidence to support a reasonable cause finding that the New Jersey office had violated the INA’s anti-discrimination provision, it did identify employment eligibility verification practices that, if not addressed, could lead to such violations.  The LOR noted the employer’s acknowledgement that employees had a right to select the document(s) they would wished to rely on to establish their work authority, and the company’s commitments to ensure that its managers and supervisors involved in the company’s employment Form I-9 eligibility verification process received additional training on the range of documents acceptable to establish work authority and the availability of real time guidance through IER’s telephone hotline. (Edison, NJ)

On September 30, 2021, IER issued a letter of resolution dismissing a charge against a farm for potential citizenship status discrimination arising from the farm’s hiring process.  The charging party alleged that the farm failed to hire him because he is a U.S. citizen.  Although there was insufficient evidence that the company engaged in citizenship status discrimination, the investigation identified deficiencies in the farm’s processing of Forms I-9.  The letter of resolution memorialized the farm’s commitment to have staff who recruit and complete Forms I-9 attend an IER training.  (St. Paul, OR)