Settlements and Lawsuits

Mrs. Fields' Original Cookies, Inc. (Unfair Documentary Practies) December 2018

On December 6, 2018, the Division reached a settlement agreement with Mrs. Fields’ Original Cookies, Inc. (Mrs. Fields) to resolve a reasonable cause finding that Mrs. Fields violated the anti-discrimination provision of the Immigration and Nationality Act by discriminating against work-authorized non-U.S. citizens during the employment eligibility verification process.  IER’s independent investigation concluded that, from at least March 21, 2016 to March 20, 2017, Mrs. Fields’ production and distribution center in Salt Lake City required lawful permanent residents to provide specific documentation issued by the Department of Homeland Security to prove their work authorization, while not imposing this requirement on U.S. citizens.  The settlement agreement requires that Mrs. Fields pay a civil penalty of $26,400, train relevant employees about the requirements of 8 U.S.C. § 1324b, and undergo departmental reporting and monitoring. 

Settlement Press Release                Settlement Agreement

MJFT Hotels of Flushing LLC (Citizenship Status) November 2018

On November 7, 2018, IER reached a settlement with MJFT Hotels of Flushing LLC (MJFT), the management company for the Hyatt Place Flushing/Laguardia Airport hotel, to resolve a complaint that the company discriminated against a work-authorized immigrant in the hiring process.  IER’s investigation concluded that there was reasonable cause to believe that the company discriminated against the charging party, an asylee, by removing him from the hiring process for a job at the hotel because he was not a lawful permanent resident or U.S. citizen. The settlement agreement requires that MJFT pay a civil penalty, train relevant employees about the requirements of 8 U.S.C. Section 1324b, and undergo departmental reporting and monitoring for 3 years.

Settlement Press Release             Settlement Agreement

Mar-Jac Poultry, Inc. (Unfair Documentary Practices) October 2018

On October 9, 2018, the Division signed a settlement agreement with Mar-Jac Poultry, Inc. (Mar-Jac), a poultry processing company in Gainesville, Georgia.  The Division filed a lawsuit in July 2011 alleging that the company discriminated against work-authorized non-U.S. citizens when verifying their work authorization.  On March 3, 2017, a tribunal found Mar-Jac liable for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) because Mar-Jac routinely required work-authorized non-U.S. citizens (but not U.S. citizens) to present DHS-issued documents to prove their work authorization.  The tribunal did not resolve some liability and remedies issues, which the parties continued to litigate following the March 2017 liability finding.  Following the parties’ settlement, on October 18, 2018, the tribunal dismissed the matter.  Under the settlement agreement, Mar-Jac will pay a civil penalty of $190,000, pay up to $25,000 in back pay to compensate affected employees and applicants, and will have its relevant staff participate in Division-provided training on 8 U.S.C. § 1324b.  Mar-Jac will also review and revise its hiring policies as necessary, and be subject to Division monitoring and reporting requirements for two years.

Settlement Press Release             Settlement Agreement

Palmetto Beach Hospitality, LLC (H-2B) September 2018

On September 18, 2018, IER signed a settlement agreement with Palmetto Beach Hospitality, LLC (“Palmetto”) resolving IER’s finding that there was reasonable cause to believe the company had denied U.S. citizens employment in 2017 because it preferred to hire temporary foreign H-2B visa workers.  Under the agreement, Palmetto is required to pay $42,000 in civil penalties to the United States, participate in IER-provided training on the anti-discrimination provision of the INA, make $35,000 available to fund back pay awards to U.S. workers denied employment, and be subject to departmental monitoring and reporting requirements for a three-year period.

Settlement Press Release                Settlement Agreement

Clifford Chance US LLP (Citizenship Status) August 2018

On August 28, 2018, IER reached a settlement agreement with Clifford Chance US LLP (“Clifford Chance”).  Based on its investigation, IER found reasonable cause to believe that Clifford Chance unlawfully excluded work-authorized non-citizens and dual citizens from placement on a temporary document review project.  The settlement agreement requires Clifford Chance to, among other things: 1) pay $132,000 in civil penalties; 2) train relevant employees about the requirements of 8 U.S.C. Section 1324b, 3) inform clients who request citizenship status restrictions about the law, and 4) undergo departmental reporting and monitoring for two years.

Settlement Press Release           Settlement Agreement

Rose Acre Farms, Inc. (Unfair Documentary Practices) August 2018

On August 1, 2018, the Division signed a settlement agreement with Rose Acre Farms, Inc. (Rose Acre), one of the largest egg producers in the United States, resolving the Division’s suit alleging that the company discriminated against work-authorized non-U.S. citizens when verifying their work authorization.  The Division’s amended complaint alleged that from at least June 2009 until at least December 22, 2011, Rose Acre engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) by routinely requiring work-authorized non-U.S. citizens (but not U.S. citizens) to present specific documents to prove their work authorization.  Under the agreement, Rose Acre paid a civil penalty of $70,000, agreed that staff involved in the recruiting, hiring, or employment eligibility verification process will participate in Division-provided training on the antidiscrimination provision of the Immigration and Nationality Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for two years.

Settlement Press Release             Settlement Agreement

Triple H Services, Inc. (Citizenship Status) June 2018

On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (“Triple H”).  After investigating, IER determined that Triple H did not consider certain U.S. citizens for employment as landscapers in 2017 because it preferred to hire temporary foreign H-2B visa workers.  The settlement agreement requires Triple H to, among other things: 1) pay $15,600 in civil penalties; 2) engage in enhanced recruiting efforts for U.S. workers, beyond what the Department of Labor's program requires; 3) set aside a back pay fund of $85,000 to provide back pay to U.S. applicants who were unfairly denied employment; 4)  undergo department-provided training on the anti-discrimination provision of the INA; and 5) undergo departmental reporting and monitoring.

Settlement Press Release                   Settlement Agreement

J.C. Penney (Unfair Documentary Practicers) June 2018

On June 25, 2018, IER signed a settlement agreement with J.C. Penney Corporation, Inc. (the “Company”) resolving a charge-based and a related independent investigation into the Company’s employment eligibility verification practices nationwide.  IER’s investigation revealed that the Company incorrectly terminated the charging party after rejecting her unexpired Permanent Resident Card for reverification purposes.  IER’s investigation further found that the Company violated 8 U.S.C. Section 1324b(a)(6) by: (1) engaging in a pattern or practice of incorrectly reverifying non-U.S. citizens who presented a Social Security card at initial hire, based on their citizenship or immigration status; and (2) requiring at least seven permanently work-authorized non-U.S. citizens to produce specific documents for reverification purposes based on their citizenship or immigration status, but did not make similar requests to U.S. citizens. The settlement agreement requires the Company to, among other things, pay $14,430 in civil penalties, pay $11,177.60 in back pay to the charging party, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.

Settlement Press Release                      Settlement Agreeement

Setpoint Systems, Inc. (Citizenship Status) June 2018

On June 19, 2018, the Division signed a settlement agreement with Setpoint Systems, Inc., resolving a reasonable cause finding that the company engaged in citizenship status discrimination in violation of 8 U.S.C. § 1324b(a)(1).  The Division’s independent investigation revealed that Setpoint failed to consider non-citizen applicants for any professional positions at the company due to its misunderstanding of the restrictions imposed by the International Traffic in Arms Regulations (ITAR), and published at least two job advertisements with language restricting applicants to U.S. citizens only. Under the terms of the settlement, Setpoint will pay $17,475 in civil penalties to the United States, participate in Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act (INA), review and revise its hiring policies, and be subject to Division monitoring and reporting.

Settlement Press Release                    Settlement Agreement

University of California, San Diego (Unfair Documentary Practices) May 2018

On May 10, 2018, IER reached a settlement agreement with the University of California, San Diego (“UCSD”) resolving allegations of unfair documentary practices.  IER’s investigation found reasonable cause to believe that a component of the school unnecessarily been requiring certain workers to re-establish their work authorization based on the citizenship status of those individuals at initial hire.  Among other provisions, the settlement agreement requires UCSD to pay $4,712.40 in civil penalties and to undergo IER training on the anti-discrimination provision of the INA.

Settlement Press Release                 Settlement Agreement

Themesoft, Inc. (Citizenship Status) April 2018

On April 20, 2018, the Division signed a settlement agreement with Themesoft, Inc. resolving a charge-based investigation into the company’s hiring practices.  The Division’s investigation concluded that Themesoft, Inc. refused to consider an asylee for employment because of his citizenship status.  The Division’s investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status.  The agreement requires Themesoft, Inc. to pay a civil penalty of $4,543.25 to the United States, abide by its agreement to pay the asylee $12,000 in back pay, train relevant human resources personnel on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting.

Settlement Press Release                 Settlement Agreement

West Liberty Foods, L.L.C. (Citizenship Status) March 2018

On March 5, 2018, IER signed a settlement agreement with West Liberty Foods, L.L.C. resolving a reasonable cause finding that the company’s employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act.  IER’s investigation revealed that West Liberty Foods had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not U.S. citizens, produce specific documents to establish their work authorization.  Under the terms of the settlement, West Liberty Foods is required to pay $52,100 in civil penalties to the United States, ensure that relevant human resources officials participate in IER-provided training on avoiding discrimination in the employment eligibility verification process, post notices to employees on their rights under 8 U.S.C. § 1324b, and comply with departmental monitoring requirements for two years.

Settlement Press Release                  Settlement Agreement

Ichiba Ramen (National Origin) February 2018

On February 20, 2018, the Division signed a settlement agreement with Food Love 125, d/b/a/ Ichiba Ramen (“Ichiba”), resolving a charge-based investigation.  The Division’s investigation determined that Ichiba, a ramen restaurant in New York City, denied a qualified applicant employment in the summer of 2017 because it preferred to hire wait staff of Japanese or Korean national origin.  Ichiba paid the applicant $1,760 in back wages during the investigation. The settlement agreement requires Ichiba to pay $2,000 in civil penalties, to undergo Division-provided training on the anti-discrimination provision of the Immigration and Nationality Act, revise its policy, and be subject to Division reporting requirements.  The injunctive relief applies to any new location of the restaurant that opens in the year following the settlement.

Settlement Press Release                 Settlement Agreement

Omnicare Health (Citizenship Status) January 2018

On January 23, 2018, the Division signed a settlement agreement with Omnicare Health, resolving a reasonable cause determination that at least one Omnicare contract recruiter engaged in citizenship status discrimination against an asylee in violation of 8 U.S.C. § 1324b(a)(1).  The Division’s charge-based investigation determined that, contrary to Omnicare’s own policies, the Omnicare contractor failed to refer the asylee’s application for employment to a an Omnicare hiring manager for consideration because the applicant was not a U.S. citizen or permanent lawful resident.  Under the terms of the agreement Omnicare paid $3,621 in civil penalties, posted notices informing workers about their rights under the anti-discrimination provision of the Immigration and Nationality Act, agreed to train relevant staff and its contractors on those requirements, and acknowledged that it would be subject to departmental monitoring and reporting requirements for a two year period.

Settlement Press Release                  Settlement Agreement

Crop Production Services, Inc. (Citizenship Status) December 2017

On December 18, 2017, the Division signed a settlement with Crop Production Services, Inc. resolving the Division’s suit alleging that the company discriminated against at least three United States citizens by declining to employ them as seasonal technicians in the company’s El Campo, Texas location based on a preference for temporary foreign workers under the H-2A visa program.  Under the settlement agreement, Crop Production Services paid a civil penalty of $10,500, agreed that staff involved in the hiring process for the El Campo location would participate in Division-provided training on the antidiscrimination provision of the Immigration and Naturalization Act (INA), committed to review and revise its hiring policies, and acknowledged that it would be subject to Division monitoring and reporting requirements for up to two years.  The reporting requirements require, among other things, providing information pertaining to the company’s efforts to recruit domestic applicants for positions if it seeks foreign laborers through the H-2A program.  Crop Production Services also paid back pay totaling $ 18,738.75 in a separate agreement with the three citizens denied employment.

Settlement Press Release              Settlement Agreement

Freeze Pack (Unfair Documentary Practices) November 2017

On November 16, 2017, the Division signed a settlement agreement with Washington Potato Company resolving an investigation alleging that its Form I-9 employment eligibility verification practices at the Freeze Pack facility, which it operated, violated the anti-discrimination provision of the Immigration and Nationality Act. The Division’s investigation revealed that Washington Potato Company had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. Under the terms of the settlement, Washington Potato is required to pay $100,000 in civil penalties to the United States, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting. In May 2017 IER settled a lawsuit with Washington Potato Company and Pasco Processing, LLC, for engaging in a pattern or practice of violating 8 U.S.C. § 1324b(a)(6) at the Pasco Processing facility.

Settlement Press Release                Settlement Agreement

 

Ark Rustic Inn LLC d/b/a Rustic Inn Crabhouse (Unfair Documentary Practices) October 2017

On October 13, 2017, the Division signed a settlement agreement with a restaurant resolving a charge-based investigation into the company’s employment eligibility verification practices. The Division’s investigation revealed that the restaurant had a pattern or practice of requesting immigration documents from non-citizens to confirm citizenship status information the workers provided in Section 1 of the Form I-9, while not making similar requests to U.S. citizens.  Under the terms of the settlement, the restaurant will, among other things, pay a $4,000 civil penalty, train relevant management personnel on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring for three years.

Settlement Press Release                 Settlement Agreement

InMotion Software, LLC (Retaliation) October 2017

On October 11, 2017, the Division reached a settlement agreement with InMotion Software, LLC, a Texas-based software development recruiter, resolving an investigation into whether the company retaliated against a work-authorized individual because a worker asserted her rights under 8 U.S.C. § 1324b.  The Division’s investigation determined that after a worker complained that InMotion’s request for a Permanent Resident Card was discriminatory under the INA, the company removed worker from its pool of candidates available for job placement.  Under the settlement agreement, the company will pay the maximum civil penalty for an instance of retaliation, post notices informing workers about their rights under the INA’s anti-discrimination provision, train its staff, and be subject to departmental monitoring and reporting requirements for one year.  

Settlement Press Release                   Settlement Agreement

CitiStaff Solutions, Inc. and CitiStaff Management Group, Inc. (Unfair Documentary Practices) October 2017

On October 6, 2017, the Division signed a settlement agreement with CitiStaff Solutions, Inc., a Los Angeles-area staffing agency, and a related entity CitiStaff Management Group, Inc., (together, “CitiStaff”) resolving an investigation into the company’s employment eligibility verification (Form I-9 and E-Verify) practices. The Division’s investigation concluded that that CitiStaff routinely requested that non-U.S. citizens present specific documents to prove their work authorization, such as Permanent Resident Cards or Employment Authorization Documents, but did not make similar requests for specific documents to U.S. citizens.  The department’s investigation also found that CitiStaff unnecessarily required lawful permanent resident workers to prove their work authorization again when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired.  The agreement requires CitiStaff to pay a civil penalty of $200,000 to the United States, train relevant recruiting staff on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting.

Settlement Press Release                 Settlement Agreement

Crop Production Services, Inc. (Citizenship Status) September 2017

On September 28, 2017, the Division filed a complaint against Crop Production Services, Inc. with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that the company discriminated against at least three United States workers by refusing to employ them as seasonal technicians in El Campo, Texas, because Crop Production preferred to hire temporary foreign workers under the H-2A visa program.  The complaint alleges that Crop Production imposed more burdensome requirements on U.S. workers than it did on H-2A visa workers to discourage U.S. workers from working at the facility. 

Complaint Press Release                 Complaint

Technical Marine Maintenance Texas (Unfair Documentary Practices) July 2017

On July 26, 2017, the Division filed a Complaint against Technical Marine Maintenance Texas, LLC, and Gulf Coast Workforce, LLC, with the Office of the Chief Administrative Hearing Officer alleging that the companies are responsible for a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6). The Division’s underlying investigation found that the companies limited the documentation workers could provide to establish their work authorization based on the workers’ citizenship status. Specifically, Technical Marine Maintenance Texas asked U.S. citizens to produce “IDs” and Social Security cards, while requesting immigration documents from non-U.S. citizens. The Complaint alleges that a related entity, Gulf Coast Workforce, LLC, is also responsible for these practices.

Complaint Press Release                 Complaint

Sellari's Enterprises, Inc. (Unfair Documentary Practices) June 2017

On June 30, 2017, the Division signed a settlement agreement with Sellari’s Enterprises, Inc., an Orlando, FL staffing agency, resolving an investigation into the company’s Form I-9 employment eligibility verification practices. The Division’s investigation revealed sufficient evidence to show that Respondent had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. Under the terms of the settlement, Respondent will pay $120,000 in civil penalties to the United States, train relevant recruiting staff on avoiding discrimination in the employment eligibility verification process, make needed policy changes, and be subject to Division monitoring and reporting.

Settlement Press Release               Settlement Agreement

Panda Restaurant Group, Inc. (Unfair Documentary Practices) June 2017

On June 28, 2017, IER reached a settlement agreement with Panda Restaurant Group, Inc. (Panda Express) resolving allegations of unfair documentary practices. Specifically, IER concluded that Panda Express: 1) unnecessarily required lawful permanent resident workers to re-establish their work authorization when their Permanent Resident Cards expired, while not making similar requests to U.S. citizen workers when their documents expired, and 2) routinely required other non-U.S. citizen workers to produce immigration documents to reverify their ongoing work authorization despite evidence they had already provided sufficient documentation. Among other provisions, the settlement agreement requires Panda Express to pay $400,000 in civil penalties, undergo IER training on the anti-discrimination provision of the INA, and pay up to $200,000 in back pay to workers affected by the practice.

Settlement Press Release                  Settlement Agreement

Carrillo Farm Labor, LLC (Citizenship Status) May 2017

On May 23, 2017, IER reached a settlement agreement with Carrillo Farm Labor, LLC (“Carrillo Farm”).  After investigating complaints filed on behalf of two qualified U.S. citizens, IER determined that Carrillo Farm denied U.S. citizens employment in the summer of 2016 because it wanted to hire temporary foreign workers under the H-2A visa program.  The settlement agreement requires Carrillo Farm to pay $5,000 in civil penalties, undergo department-provided training on the anti-discrimination provision of the INA, and comply with departmental monitoring and reporting requirements.  In a separate agreement, Carrillo Farm agreed to pay a total of $44,000 in lost wages to affected U.S. workers including $8,800 for each U.S. citizen.

Settlement Press Release                     Settlement Agreement

Washington Potato Company and Pasco Processing, LLC (Unfair Documentary Practices) May 2017

On May 17, 2017, the Division signed a settlement agreement with Respondents resolving a lawsuit alleging that Respondents’ Form I-9 employment eligibility verification practices violated the anti-discrimination provision of the Immigration and Nationality Act. The Division’s underlying investigation revealed that Respondents had engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) by requesting newly-hired lawful permanent residents (LPRs), but not newly-hired U.S. citizens, to produce specific documents to establish their authority to work. Under the terms of the settlement, Respondents are required to pay $225,750 in civil penalties to the United States, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.

Settlement Press Release                  Settlement Agreement

Provisional Staffing Solutions (Unfair Documentary Practices) May 2017

On May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the company’s Form I-9 employment eligibility verification practices. The Division’s investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondent had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. Under the terms of the settlement, Respondent will pay $16,290 in civil penalties to the United States, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.

Settlement Press Release                Settlement Agreement

Brickell Financial Services Motor Club, Inc. d/b/a Road America Motor Club, Inc. (Unfair Documentary Practices) April 2017

On April 6, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the Respondent’s employment eligibility practices. The Division’s investigation revealed sufficient evidence to show that Respondent had a pattern or practice of requesting a List A document from newly-hired lawful permanent residents because of their citizenship status, while not making similar requests from U.S. citizens. The investigation further revealed that Respondent required existing lawful permanent employees to reestablish their continued work authorization upon the expiration of their List A document by showing a new unexpired List A document. Under the terms of the settlement agreement, Respondent will pay $34,200 in civil penalties to the United States, pay $1,044 to compensate a worker who lost wages due to its unfair documentary practices, train relevant human resources officials in avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.

Settlement Press Release                      Settlement Agreement

Pizzerias, LLC (Unfair Documentary Practices) March 2017

On March 21, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the company’s employment eligibility verification practices. The Division’s investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondent had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. Under the terms of the settlement, Respondent will pay $140,000 in civil penalties to the United States, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.

Settlement Press Release                   Settlement Agreement

Paragon Building Maintenance, Inc. and Pegasus Building Services Company, Inc. (Unfair Documentary Practices) March 2017

On March 13, 2017, the Division signed a settlement agreement with the Respondents resolving an investigation into the companies’ employment eligibility verification practices. The Division’s investigation was based on a referral from USCIS, and revealed sufficient evidence to show that Respondents had a pattern or practice of requesting List A documents from newly-hired lawful permanent residents (LPRs) because of their citizenship status, while not making similar requests of U.S. citizens. The investigation also established that Respondents improperly reverified permanent resident cards upon their expiration, but did not reverify documents U.S. citizens provided. Under the terms of the settlement, Respondents will pay a combined $115,000 in civil penalties to the United States, pay up to $30,000 in back pay to injured parties, train relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting.

Settlement Press Release                       Settlement Agreement

Levy Restaurants (Unfair Documentary Practices) February 2017

The Division’s investigation, based on a charge filed by a lawful permanent resident, established that Levy’s Barclay Arena restaurant improperly reverified the continued work authority of two permanent residents, required those work-authorized non-citizens to present specific types of documents to confirm their continued work authority, and suspended one of those non-citizens (the Charging Party) when he was unable to present the required specific document. Once it learned of the conduct of its Barclay Arena restaurant through the Division’s investigation, Levy unilaterally reinstated the Charging Party, and paid him for lost wages and leave benefits. On February 2, 2017, the Division signed a settlement agreement, previously signed by Levy, requiring Levy to pay $2,500 in civil penalties to the United States, train its relevant human resources officials on avoiding discrimination in the employment eligibility verification process, and be subject to Division monitoring and reporting requirements for two years.

Settlement Press Release                   Settlement Agreement

J.E.T. Holding Co., Inc. (Citizenship Status) January 2017

On January 17, 2017, OSC signed a settlement with J.E.T. Holding Co. Inc., resolving an investigation of a pattern or practice of hiring discrimination based on citizenship status.  The investigation revealed evidence that the company failed to consider qualified U.S. citizen applicants, and other protected individuals, for several dishwasher positions at a restaurant and bowling center, based on its preference for hiring workers through the CW-1 visa program available only in Commonwealth of Northern Mariana Island.  The agreement provides for training, policy changes, a $12,000 civil penalty, and a $40,000 back pay fund to compensate claimants who lost wages due to the discrimination.

Settlement Press Release                   Settlement Agreement

1st Class Staffing, LLC (Unfair Documentary Practices) December 2016

On December 13, 2016, the Division signed a settlement agreement resolving its investigation of 1st Class Staffing.  The Division’s investigation, based on a charge filed by a lawful permanent resident, established that a California branch office of 1st Class Staffing, LLC, requested that non-citizens, but not citizens, provide more, different or specific documents to establish their work authority.  Under the terms of the settlement agreement, 1st Class Staffing is required to pay the charging party back pay in the amount of $720, pay the United States civil penalties in the amount of $17,600, review and revise its employment eligibility verification policies and practices, ensure that all its staff participate in Division-sponsored internet-based training, and be subject to monitoring for one year. 

Settlement Press Release                Settlement Agreement

Aldine Independent School District (Citizenship Status) November 2016

On November 22, 2016, the Division signed a settlement agreement resolving its investigation of Aldine Independent School District.  The Division’s investigation established that the Aldine Independent School District (Aldine) engaged in a pattern or practice of discriminatory documentary practices based on citizenship status in violation of 8 U.S.C. § 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process.  Under the terms of the agreement, Aldine is required to, among other things, pay $140,000 in civil penalties to the United States, modify its policies and practices to conform to applicable anti-discrimination requirements, and develop and conduct a multi-year school-based educational program to train students, students’ parents, and employees on the rights and responsibilities of employers and employees under the anti-discrimination provision of the Immigration and Nationality Act.

Settlement Press Release        Settlement Agreement

Denver Sheriff’s Department (Citizenship Status) November 2016

On November 21, 2016, the Division signed a settlement agreement resolving its investigation of Denver Sheriff Department.  The Division’s investigation, based on an advertisement on Respondent’s website, established that the Denver Sheriff Department engaged in a pattern or practice of citizenship discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B) by requiring applicants for deputy sheriff positions to be citizens in the absence of a law, regulation, or government contract requiring citizenship.  Under the provisions of the agreement, the Denver Sheriff Department will among other things, pay $10,000 in civil penalties, eliminate any citizenship requirements in current and future postings for the deputy sheriff position, and ensure that its staff members are properly trained.

Settlement Press Release        Settlement Agreement

Washington Potato Company (Unfair Documentary Practices) November 2016

On November 14, 2016, the Division filed a complaint against Washington Potato Company and Pasco Processing with the Office of the Chief Administrative Hearing Officer (OCAHO) alleging that Pasco Processing, while under the direction and control of one of its parent companies, Washington Potato, engaged in a pattern or practice of discriminatory documentary practices in violation of 8 U.S.C. § 1324b(a)(6) based on citizenship status.  The Division’s underlying investigation, initiated after a referral from the E-Verify Monitoring and Compliance Unit of the Department of Homeland Security, found that Pasco human resources officials routinely requested non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility verification process. 

Complaint Press Release         Complaint

American Cleaning Company (Unfair Documentary Practices) October 2016

On October 17, 2016, the Division signed a settlement agreement resolving its investigation of American Cleaning Company (ACC).  The investigation, based on a referral from the Department of Homeland Security’s E-Verify program, established that ACC engaged in a pattern or practice of discrimination in violation of 8 U.S.C. § 1324b(a)(6) by requiring non-citizens, but not U.S. citizens, to present specific types of documents as part of its employment eligibility verification process.  Under the agreement, the company will, among other things, pay $195,000 in civil penalties, train its staff, and modify its EEV policies and practices.

Settlement Press Release        Settlement Agreement

Atwork Cumberland Staffing (Citizenship Status) September 2016

On September 7, 2016, the Division issued a press release announcing it reached a settlement agreement with Cumberland Staffing Inc. d/b/a Atwork Cumberland Staffing (ACS), resolving claims that it discriminated against work-authorized immigrants and naturalized U.S. citizens in violation of the anti-discrimination provision of the Immigration and National Act.  The Division’s investigation found that between December 2015 and February 2016, ACS’s Cookeville office created and published a job posting stating that applicants for machine operator positions at a client company must present a U.S. birth certificate, even though there was no legal authorization for such requirement.  Under the agreement, ACS will, among other terms, engage in corrective measures including training and ensuring review of its future job postings, and pay a civil penalty.

Settlement Press Release                  Settlement Agreement

Eastridge Workforce Solutions (Unfair Documentary Practices) August 2016

On August 15, 2016, the Division issued a press release announcing it reached a settlement agreement with TEG Staffing, Inc., d/b/a Eastridge Workforce Solutions (Eastridge), resolving alleged violations of 8 U.S.C. § 1324b(a)(6).  The Division’s investigation found that from at least March 2014 until at least September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes, but did not make those requests of U.S. citizens.  Under the agreement, Eastridge will, among other terms, pay $175,000 in civil penalties to the United States and submit to training and compliance monitoring.

Settlement Press Release                 Settlement Agreement

Hartz Mountain Industries (Citizenship Status) August 2016

On August 9, 2016, the Division issued a press release announcing it reached an agreement with Hartz Mountain Industries, Inc. to resolve the inclusion of a citizenship requirement in a particular job posting without any legal justification.  Under the settlement agreement, Hartz is required to comply with several injunctive terms to prevent future discrimination, such as specialized training.  Hartz is also required to pay a civil penalty of $1,400, and be subject to department monitoring.

Settlement Press Release              Settlement Agreement

Crookham Company (Unfair Documentary Practices) June 2016

On June 27, 2016, the Division issued a press release announcing it reached an agreement with Crookham Company to resolve a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes.   Under the settlement agreement, Crookham Company is required to comply with several injunctive terms to prevent future discrimination, such as specialized training, which Crookham Company has proactively taken and completed prior to the execution of the agreement. Crookham Company is also required to pay a civil penalty of $200,000, and be subject to department monitoring.

Settlement Press Release                Settlement Agreement

Powerstaffing, Inc. (Unfair Documentary Practices) June 2016

On June 23, 2016, the Division issued a press release announcing it reached a settlement agreement with Powerstaffing, Inc., resolving alleged violations of 8 U.S.C. § 1324b(a)(6). The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigation found that from June 20, 2014, until at least December 15, 2015, Powerstaffing had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. Under the terms of the settlement agreement, Powerstaffing is required to pay $153,000 in civil penalties, be subject to department monitoring and to review of its hiring policies.

Settlement Press Release                 Settlement Agreement

Macy's West Stores, Inc. (Citizenship Status) June 2016

On June 22, 2016, the Division issued a press release announcing it reached a settlement agreement with Macy’s, resolving violations of 8 U.S.C. § 1324b(a)(6).  The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) initiated its investigation based on a charge that a charging party lawful submitted after her hiring was delayed at a store in Glendale, California.  OSC found that Macy's HR employees violated 1324b when it asked that the charging party, who was a lawful permanent resident, produce an unexpired permanent resident card for the Form I-9 process, even though she had already presented other valid documentation. The investigation also revealed that the Glendale store had subjected four other non-citizens to improper requests for specific documents. Under the terms of the settlement agreement, Macy’s will, among other provisions, pay a civil penalty of $8,700, be subject to OSC monitoring, and will give additional training for its Glendale human resources personnel.

Settlement Press Release                Settlement Agreement

Podiatry Residency Programs (Citizenship Status) June 2016

On June 20, 2016, the Division issued a press release announcing it reached agreements with 121 podiatry residency programs (Category 1, Category 2, Genesys Regional Medical Center and Northwest Medical Center) and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens by creating and publishing discriminatory postings for podiatry residents through AACPM’s online podiatry residency application and matching service.  The postings advertised residency positions as limited to U.S. citizens, with no legal justification for the requirement.  Under the settlement agreements, the residency programs and AACPM are required to comply with several injunctive terms to prevent future discrimination, such as training and ensuring future job postings do not contain discriminatory language.  Some of the residency programs are required to pay a civil penalty, totaling $141,500; AACPM is also required to pay a civil penalty of $65,000, and to refund the charging party fees the charging party paid to use the online service containing the discriminatory postings.

Settlement Press Release           Category 1         Category 2            Genesys Regional Medical Center       Northwest Medical Center       American Association of Colleges of Podiatric Medicine (AACPM)

Montgomery County Public Schools (Unfair Documentary Practices) June 2016

On June 15, 2016, the Division signed a settlement agreement with Montgomery County Public Schools (MCPS) resolving allegations of unfair documentary practices against two work-authorized individuals based on citizenship status in violation of 8 U.S.C. § 1324b.  Under the settlement agreement, MCPS will pay $4,450 in back pay to each of the two charging parties and be subject to a monitoring period of one year.  Additionally, designated company personnel will be required to undergo training by the Office of Special Counsel to learn about employers’ responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA). 

Settlement Agreement

Villa Rancho Bernardo Care Center (Unfair Documentary Practices) May 2016

On May 31, 2016, the Division issued a press release announcing it reached a settlement agreement with Villa Rancho Bernardo Care Center (“VRB”), resolving claims that it treated lawful permanent residents differently from other workers in the employment eligibility verification process by requiring them to produce a permanent resident card (often known as a “green card”).  Under the settlement agreement, VRB will pay $24,000 in civil penalties, train its human resources staff on the anti-discrimination provision of the INA, and be subject to monitoring by the Division for a period of one year.    

Settlement Press Release               Settlement Agreement

NetJets Services, Inc. (Citizenship Status) May 2016

On May 13, 2016, the Division issued a press release announcing it reached a settlement agreement with NetJets Services, Inc. ( “NetJets”), resolving claims that it treated non-U.S. citizens differently than U.S. citizens in violation the anti-discrimination provision of the Immigration and Nationality Act (INA) by: (1) requiring newly hired non-U.S. citizens to present specific documents to prove their employment eligibility; (2) subjecting employees who were Legal Permanent Residents to unnecessary post-employment reverification of their work authority through the production of specific documents; and (3) requiring employees who had become naturalized U.S. citizens after they were hired to produce their certificate of naturalization to establish the change in their citizenship status.  The settlement agreement requires NetJets to pay $41,480 in civil penalties, train its human resources staff on the anti-discrimination provision of the INA, and be subject to monitoring by the Division for a period of two years. 

Settlement Press Release              Settlement Agreement

Barrios Street Realty LLC (Citizenship Status) March 2016

On March 21, 2016, the Division signed a settlement agreement with Barrios Street Realty and its agent, Jorge Arturo Guerrero Rodriguez, resolving claims that Barrios Realty and Guerrero Rodriguez discriminated against qualified U.S. workers by preferring to hire foreign workers under the H-2B visa program.  Under the settlement, Barrios Street Realty agrees to a voluntary three-year debarment prohibiting it from seeking non-immigrant employment visas through programs administered by the Department of Labor’s Employment and Training Administration, representing the first time the Division has obtained a voluntary debarment of this type through its enforcement of the anti-discrimination provision of the Immigration and Nationality Act.  In addition, Respondents will jointly pay a $30,000 civil penalty to the United States; create an $115,000 back pay compensation fund to compensate economic victims; ensure that relevant human resources personnel participate in Division-provided training; and be subject to Division monitoring for a three-year period.

Settlement Press Release               Settlement Agreement 

Freedom Home Care, Inc. (Unfair Documentary Practices) January 2016

On January 19, 2016, the Division signed a settlement agreement with Freedom Home Care and the Charging Party resolving an allegation of unfair documentary practices.  The charge alleged that the company, prior to hire, rejected documents establishing the Charging Party’s employment eligibility that it routinely accepted from U.S. citizens.  Under the settlement agreement, Freedom Home Care will pay $832 in back pay to the Charging Party and $400 in civil penalties.  Designated company human resources and managerial personnel will be required to undergo training by the Office of Special Counsel to learn about employers’ responsibilities under the anti-discrimination provision of the INA.

Settlement Agreement

Rio Grande Pak Foods, Ltd. (Unfair Documentary Practices) January 2016

On January 15, 2016, the Division signed a settlement agreement with Rio Grande Pak Foods, Ltd, a poultry processor, resolving two charges alleging that the company committed unfair documentary practices.  The charges alleged that Rio Grande asked the Charging Parties to produce new Permanent Resident Cards when their prior cards expired, even though this is not permitted under Form I-9 rules, and fired the two workers when they did not comply with the company’s request.  The investigation revealed that the company had a pattern or practice of requesting more or different documents from lawful permanent residents when their Permanent Resident Cards expired.  During the investigation, the company voluntarily reinstated the Charging Parties and paid them $7,200 in back pay.  Under the settlement agreement, Rio Grande will also pay $1,800 in civil penalties, and designated human resources and managerial personnel must undergo training by the Office of Special Counsel.

Settlement Agreement

Sunny Grove Landscaping & Nursery, Inc. (Unfair Documentary Practices) November 2015

On November 23, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Sunny Grove Landscaping & Nursery, Inc. (Sunny Grove) resolving allegations that the Florida-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, Sunny Grove will pay $7,500 in civil penalties to the United States, be trained on its employment eligibility verification policies and procedures, and be subject to monitoring of its employment eligibility verification practices for one year.

Settlement Press Release             Settlement Agreement

McDonald’s USA, LLC (Unfair Documentary Practices) November 2015

On November 19, 2015, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) reached a settlement with McDonald’s USA, LLC and its corporate affiliates and subsidiaries (“McDonald’s”) resolving allegations that McDonald’s discriminated against immigrant employees of McDonald’s-owned restaurants. The investigation and settlement only address actions by McDonald’s corporate-owned restaurants, not its franchises.

Settlement Press Release               Settlement Agreement

The School Board of Miami-Dade County, Florida (Unfair Documentary Practices) October 2015

On October 22, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Miami-Dade County Public Schools (MDCPS) resolving an independent investigation into whether the company had engaged in unfair documentary practices against non-U.S. citizens during the Form I-9 process. The Division’s investigation found that MDCPS required non-U.S. citizens to produce more documents than necessary for the purpose of verifying their employment eligibility, but did not make those requests of U.S. citizens. This difference in treatment violates 8 U.S.C. § 1324b(a)(6).  Under the agreement, MDCPS will: pay $90,000 in civil penalties to the United States; establish a $125,000 back pay fund to compensate workers who may have lost pay because of the company’s documentary practices; and submit to training and compliance monitoring for three years.

Settlement Press Release               Settlement Agreement

Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015

On October 20, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Nevada Yellow Cab Corporation, Nevada Checker Cab Corporation, and Nevada Star Cab Corporation – three Las Vegas, Nevada, taxicab companies that collectively operate under the umbrella company “Yellow Checker Star Transportation Company” (YCS).  The agreement resolves allegations that YCS discriminated against work-authorized immigrants because of their citizenship status.  OSC found that YCS required non-U.S. citizens, but not similarly situated U.S. citizens, to present additional and unnecessary documentation to establish their employment eligibility. Under the terms of the settlement agreement, YCS will pay a $445,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, revise company policies to avoid discrimination in the employment eligibility verification process, place six full page advertisements in an industry publication over the course of twelve months advising readers of their rights under 8 U.S.C. § 1324b and how to contact OSC, and be subject to departmental monitoring of its hiring and recruiting practices for a period of three years.

Settlement Press Release               Settlement Agreement

North American Shipbuilding, LLC (Retaliation) October 2015

On October 15, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with North American Shipbuilding, resolving an OSC investigation.  OSC’s investigation found that North American Shipbuilding barred an employee from company premises because the employee filed a charge with OSC, in violation of the anti-retaliation provision of 8 U.S.C. § 1324b.  Under the terms of the settlement agreement, North American Shipbuilding will pay a $1,750 civil penalty to the United States; offer to pay the charging party $15,000 in back pay in exchange for a release of claims; submit to training by the Office of Special Counsel; and take other remedial measures.

 Settlement Press Release                  Settlement Agreement

Postal Express, Inc. (Unfair Documentary Practices) October 2015

On October 14, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Postal Express, resolving an investigation into whether the company improperly sought to reverify the employment eligibility of an LPR and suspended him when he failed to provide a requested document, an unexpired Green Card.  OSC found that the  company’s request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. § 1324b(a)(6).  Under the terms of the settlement agreement, Postal Express will pay a $1,000 civil penalty to the United States, train employees on the anti-discrimination provision of the INA, and revise company policies to avoid discrimination in the employment eligibility verification process.  The company reinstated the suspended employee and paid him lost wages at the start of OSC’s investigation.

Settlement Press Release                  Settlement Agreement

Nebraska Beef, Ltd (Unfair Documentary Practices) October 2015

On October 13, 2015, the Division issued a press release announcing that it filed a complaint against Nebraska Beef, Ltd., alleging that the company breached a settlement agreement that the parties entered into on August 24, 2015. Since signing the settlement agreement, Nebraska Beef has failed to pay a civil penalty of $200,000 and disavowed its obligations to comply with other requirements of the settlement agreement.  The settlement agreement resolved the Division’s independent investigation of whether the company was engaging in discriminatory Unfair Documentary Practices on the basis of citizenship status.  

Complaint Press Release      Complaint

Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2015

On August 31, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Louisiana Crane & Construction (LCC) resolving violations of 8 U.S.C. § 1324b(a)(6). The Division filed a complaint in 2014 alleging that LCC utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Under the terms of the settlement agreement, LCC will pay $165,000 in civil penalties to the United States, establish a $50,000 back pay fund, and be subject to monitoring of its hiring practices by the Division for a period of two years.

Settlement Press Release         Settlement Agreement

Nebraska Beef, Ltd (Unfair Documentary Practices) August 2015

On August 24, 2015, the Justice Department issued a press release announcing it signed a settlement agreement with Nebraska Beef, resolving an independent investigation of whether the company had engaged in discriminatory documentary practices based on citizenship status during the employment eligibility verification process.  The Division’s investigation found that Nebraska Beef required non-U.S. citizens, but not similarly-situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility, in violation of 8 U.S.C. § 1324b(a)(6).  Under the agreement, Nebraska Beef will: pay $200,000 in civil penalties to the United States; establish an uncapped back pay fund to compensate workers who may have lost pay because of the company’s documentary practices and issue notice to workers about how they may claim back pay; and submit to training and compliance monitoring for two years.

Settlement Press Release        Settlement Agreement

Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) August 2015

On September 11, 2012, OSC filed a complaint asserting that Estopy Farms, a Texas cotton farm, committed citizenship status discrimination when it preferred a visaholder over a U.S. citizen.  On June 10, 2015, OCAHO granted OSC’s motion for summary decision against Estopy Farms. OCAHO found that OSC had demonstrated that the U.S. citizen was qualified for the job, and that Estopy Farm’s shifting explanations for denying the U.S. citizen employment were a pretext for prohibited citizenship and immigration status discrimination.  In an Order issued August 13, 2015, (11 OCAHO no. 1256), OCAHO granted OSC essentially all the monetary and injunctive relief it had requested in its July 10, 2015, Request for Remedies.  On October 15, 2015, Respondent paid its Court-ordered civil penalty of $3,200.  On December 9, 2015, an OSC attorney gave a webinar presentation to the two co-owners pursuant to a court Order.  The attorneys discussed the employer’s responsibilities and obligations under the anti-discrimination provision of the INA. Monitoring/reporting period expires July 9, 2018.

Final Decision and Order

City of Eugene Police Department (Citizenship Status) August 2015

On August 5, 2015, the Division issued a press release announcing it reached a settlement agreement with the City of Eugene, Oregon, to resolve allegations that it required applicants for police officer positions be a U.S. citizen at the time of application. In addition, the City of Eugene's Human Resources Department utilized an online electronic application process for police officer positions that required applicants to be a U.S. citizen by the projected date of hire. Neither of these citizenship status requirements were required to comply with Oregon law and thus the investigation found that the City of Eugene violated the INA's anti-discrimination provision. The settlement agreement requires that The City of Eugene pay $3,000 in civil penalties, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period.

Settlement Press Release             Settlement Agreement

Abercrombie & Fitch, Inc. (Unfair Documentary Practices) June 2015

On June 25, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Abercrombie & Fitch Inc. The agreement resolves a complaint filed with the Office of Special Counsel for Immigration-Related Unfair Employment Practices, claiming that the company discriminated against a non-U.S. citizen in violation of the Immigration and Nationality Act. Under the terms of the settlement agreement, Abercrombie will pay $3,661.14 in back pay to the complainant and a civil penalty to the United States; establish a back pay fund of $153,932.00 to compensate other individuals who may have been harmed; and be subject to monitoring of its employment eligibility verification practices for two years.

Settlement Press Release                Settlement Agreement

PFSWeb, Inc. & Prestigious Placement (Unfair Documentary Practices) June 2015

On June 19, 2015, the Justice Department issued a press release announcing it reached settlements with PFSWeb and Prestigious Placement, two Memphis-area staffing companies. The Department's investigation was based on two charges the Department received from Puerto Rican-born U.S. citizens who were asked to produce naturalization certificates to prove their citizenship, even though they are native U.S. citizens, in violation of the anti-discrimination provision of the INA. Under the terms of the settlement agreement, the Respondents paid a combined $1,450 in civil penalties, provided back pay to both charging parties, and will undergo training.

Settlement Press Release      PFSWeb Settlement Agreement     Prestigious Placement Settlement Agreement

Accountemps (Citizenship Status) June 2015

On June 19, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Accountemps, a division of Robert Half International Inc. The Division's investigation concluded that Accountemps refused to refer the charging party for a federal government contract position because, as a naturalized citizen, the charging party was not born in the United States. Under the settlement, Accountemps will continue to refer the charging party for positions for which she is qualified, pay a $2,500 civil penalty, train its staff on the anti-discrimination provision of the INA, and be subject to a one-year monitoring period.

Settlement Press Release             Settlement Agreement

Luis Esparza Services, Inc. (Citizenship Status) May 2015

On May 27, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Luis Esparza Services, Inc. The Division's investigation, which was based on a referral from the Department of Homeland Security (DHS), established that the employer engaged in a pattern or practice of requiring non-citizens to produce DHS-issued List A documents in addition to non-DHS issued List B and C documents to establish identity and work authority in violation of the anti-discrimination provision of the INA. Under the terms of the settlement agreement, the Respondent will pay $320,000 in civil penalties, provide back pay to an economic victim, comply with specific injunctive and corrective action requirements, and be subject to monitoring for a three year period.

Settlement Press Release             Settlement Agreement

The Data Entry Company (Citizenship Status) May 2015

On May 8, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with The Data Entry Company, a federal government contractor, resolving a claim that the Respondent discriminated against the Charging Party when it refused to consider her application for a contract position with DHS because of her dual citizenship. Under the terms of the settlement agreement, the Respondent agreed to pay $750 in civil penalties and pay the Charging Party $7,007.75 in back pay.

Settlement Press Release             Settlement Agreement

Hilton Worldwide, Inc. (Unfair Documentary Practices) March 2015

On March 9, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with Hilton Worldwide, Inc. (Hilton), resolving allegations that Hilton discriminated against an asylee by rejecting his valid work authorization documentation and requiring him to provide a DHS-issued document to prove he was work-authorized. The investigation showed that U.S. citizens were permitted to provide documentation of their choice. Under the terms of the settlement agreement, Hilton will pay $550 in civil penalties to the United States, pay the Charging Party $12,600 in back pay, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring.

Settlement Press Release             Settlement Agreement

Standard TyTape Company, Inc. (Unfair Documentary Practices) February 2015

On February 9, 2015, the Justice Department reached a settlement agreement with Standard TyTape Company, resolving an investigation opened by the Division on September 25, 2014. OSC's investigation concluded that Standard TyTape Company engaged in a pattern or practice of Unfair Documentary Practices in violation of U.S.C. § 1324b(a)(6). Under the terms of the settlement agreement, Standard TyTape Company will pay a civil penalty, amend its policies to prohibit discriminatory practices, undergo OSC training, and be subject to OSC monitoring.

Settlement Agreement

U.S. Service Industries (Unfair Documentary Practices) January 2015

On January 15, 2015, the Justice Department issued a press release announcing it reached a settlement agreement with U.S. Service Industries (USSI), resolving violations of 8 U.S.C. § 1324b(a)(6). The Division's investigation established that USSI utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Under the terms of the settlement agreement, USSI will pay $132,000 in civil penalties to the United States, establish a $50,000 back pay fund, and be subject to monitoring of its hiring practices by the Division for a period of two years.

Settlement Press Release             Settlement Agreement

Diversified Business Consulting (Citizenship Status) December 2014

On December 22, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Diversified Business Consulting (DB) resolving allegations that the Silver-Spring-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, DB will pay $7,700 in civil penalties to the United States, be trained on its employment eligibility verification policies and procedures, and be subject to monitoring of its employment eligibility verification practices for one year.

Settlement Press Release             Settlement Agreement

Life Generations Healthcare, LLC d/b/a Generations Healthcare (Unfair Documentary Practices) December 2014

On December 4, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Life Generations Healthcare LLC, doing business as Generations Healthcare (GHC), resolving all discretionary remedies. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. The Court found that GHC violated the Immigration and Nationality Act (INA) when it required foreign-born job applicants and employees to produce more, different, and specific documents to prove their employment eligibility verification, while native-born U.S. citizens were allowed to produce the documentation of their choice. The court also found that, in some cases, foreign-born individuals were prevented from working for the company even though they had sufficient proof of their work authorization. Under the terms of the settlement agreement, GHC will pay a total of $208,000, including $119,313 in back pay and other compensation to the Charging Party and Injured Party, and $88,687 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period.

Settlement Press Release                Settlement Agreement

La Farine Bakery (Unfair Documentary Practices) November 2014

On November 25, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with La Farine Bakery (La Farine), resolving a violation of 8 U.S.C. § 1324b(a)(6). The Division's investigation established that La Farine required a non-U.S. citizen, but not similarly-situated U.S. citizens, to produce more documents than necessary for the purpose of re-verifying employment eligibility. Under the terms of the settlement agreement, La Farine will pay $26,000 in back pay and other compensation to the Charging Party, and $300 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a two-year period.

Settlement Press Release                 Settlement Agreement

Serendipity Hearing Inc. d/b/a Sonus Hearing Care (Unfair Documentary Practices) October 2014

On October 24, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Serendipity Hearing, Inc., d/b/a Sonus Hearing Care ("Sonus"), resolving violations of 8 U.S.C. § 1324b(a)(6). The Division's investigation established that Sonus required a non-U.S. citizen, but not similarly-situated U.S. citizens, to produce specific documentary proof of her immigration status for the purpose of re-verifying her employment eligibility. Under the terms of the settlement agreement, Sonus will pay $16,727 in back pay to the Charging Party, and $400 in civil penalties to the United States, and be subject to monitoring of its hiring practices by the Division for a period of one year.

Settlement Press Release               Settlement Agreement

Constructor Services, Inc. (Unfair Documentary Practices) October 2014

On October 16, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Constructor Services Inc. resolving violations of 8 U.S.C.§ 1324b(a)(6). The Division's investigation established that Constructor Services utilized discriminatory documentary practices in the employment eligibility verification process based on citizenship status. Under the terms of the expected settlement agreement, Constructor Services will pay $18,000 in civil penalties to the United States and be subject to monitoring of its hiring practices by the Division for a period of two years.

Settlement Press Release                Settlement Agreement

Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) September 2014

On September 26, 2014, the Justice Department reached a settlement agreement with Autobuses Ejecutivos, LLC, d/b/a Omnibus Express, a bus company located in Houston, Texas, to resolve a lawsuit filed by the department alleging the company violated the Immigration and Nationality Act's antidiscrimination provision. The lawsuit alleged the company preferred to hire H-2B temporary visa holders over U.S. workers for its bus driver positions. Under the terms of the agreement, Omnibus Express will establish a $208,000 back pay fund to compensate victims, pay $37,800 in civil penalties to the United States, and be subject to departmental monitoring of its hiring and recruiting practices for a period of two years.

Settlement Press Release                Settlement Agreement     

United Continental Holdings, Inc./United Airlines, Inc. (Unfair Documentary Practices) September 2014

On September 23, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with United Continental Holdings, Inc. to resolve a claim that the divisions of the company previously operating as Continental Airlines committed unfair documentary practices in violation of the antidiscrimination provision of the INA. The department's investigation revealed that the company requested lawful permanent resident employees, but not U.S. citizen employees, to complete additional Forms I-9 and provide additional proof of employment eligibility after hire even though the INA prohibits this. As part of the agreement, the company will pay $215,000 to the United States, create a $55,000 back pay fund, undergo training on the antidiscrimination provision of the INA, and be subject to departmental monitoring of its employment eligibility reverification practices for a period of two years.

Settlement Press Release         Settlement Agreement

Motorcoach Class “A” Transportation, Inc. (Unfair Documentary Practices) September 2014

On September 4, 2014, the Justice Department reached a settlement agreement with Motorcoach Class A Transportation, Inc. (MCA Transportation), a bus company in Orlando, Florida, resolving an allegation that the company committed an unfair documentary practice against an asylee by requesting more or different documents than necessary for the Form I-9 on the basis of citizenship status in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). Under the terms of the settlement agreement, MCA Transportation will pay a $660 civil penalty, undergo training by OSC, and be subject to a reporting period of three years.

Settlement Agreement

Culinaire International (Unfair Documentary Practices) September 2014

On September 2, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Culinaire International, a company based in Dallas, Texas. The settlement resolves the department's claims that Culinaire violated the Immigration and Nationality Act (INA) by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility reverification process to establish their work authority. Under the agreement, Culinaire will pay $20,460 in civil penalties to the United States, set aside a fund of $40,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for 20 months.

Settlement Press Release        Settlement Agreement

Louisiana Crane & Construction, LLC (Unfair Documentary Practices) August 2014

On August 29, 2014, the Department of Justice issued a press release announcing that it filed a complaint against Louisiana Crane Company, LLC d/b/a Louisiana Crane and Construction, a company that provides crane, construction and other industrial services, due to allegations of Unfair Documentary Practices against non-U.S. citizens.

Complaint Press Release         Complaint

Select Staffing (Unfair Documentary Practices) August 2014

On August 15, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Real Time Staffing Services, LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The settlement resolves the department's claims that Select Staffing violated the Immigration and Nationality Act (INA) by requiring non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility verification process to establish their work authority. Under the agreement, Select Staffing will pay $230,000 in civil penalties to the United States, set aside a fund of $35,000 to compensate work-authorized individuals who suffered economic damages, undergo training, revise its employment eligibility verification policies, and be subject to monitoring of its employment eligibility verification practices for three years.

Settlement Press Release        Settlement Agreement

Travel Management Company (Citizenship Status) August 2014

On August 7, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Travel Management Company, a private airplane charter company, resolving allegations that the company had a U.S. citizenship requirement for its commercial pilot positions and that the company eliminated non-citizens from consideration for employment on the basis of citizenship status. Under the terms of the agreement with Travel Management Company, the company will pay $22,000 in civil penalties to the United States. The company further agreed to revise its hiring and recruiting procedures, train its human resources personnel to ensure compliance with the INA, and be subject to reporting requirements for a period of two years.

Settlement Press Release             Settlement Agreement

Isabella Geriatric Center (Unfair Documentary Practices) August 2014

On August 5, 2014, the Justice Department issued a press release announcing it reached a settlement agreement with Isabella Geriatric Center (IGC), a nursing home in New York City, resolving an allegation that the company engaged in a pattern or practice of citizenship status discrimination during the employment eligibility reverification process in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). The claim alleged IGC requested more or different documents than required from lawful permanent residents but not U.S. citizens during the reverification process. Under the terms of the settlement agreement, IGC will pay $14,500 in civil penalties, establish a back pay fund to compensate potential economic victims, undergo training by OSC, and revise its reverification practices.

Settlement Press Release        Settlement Agreement

Patriot Staffing & Services (Unfair Documentary Practices) July 2014

On July 18, 2014, the Justice Department reached a settlement agreement with Patriot Staffing & Services, LLC resolving allegations that the New Jersey-based company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by rejecting the Charging Party's Employment Authorization Document because it had an upcoming but future expiration date. Under the agreement Patriot Staffing & Services, LLC will pay the Charging Party a sum of $2500.00 in back pay to compensate her for the economic damages suffered, $500 in civil penalties to the United States, and ensure all human resource personnel involved in hiring and employment eligibility verification participate in an OSC provided training webinar.

Settlement Agreement

Commercial Cleaning Systems (Unfair Documentary Practices) June 2014

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.

Settlement Press Release        Settlement Agreement

Master Klean Janitorial (Unfair Documentary Practices) May 2014

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.

Settlement Press Release        Settlement Agreement

Mexico Foods, LLC (Unfair Documentary Practices) April 2014

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

SK Food Group, Inc. (Unfair Documentary Practices) April 2014

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.

Settlement Press Release        Settlement Agreement

Potter Concrete, Inc. (Unfair Documentary Practices) April 2014

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.

Settlement Press Release        Settlement Agreement

City of Waterloo, IA (Citizenship Status) January 2014

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.

Settlement Press Release             Settlement Agreement

SD Staffing (Citizenship Status) January 2014

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.

Settlement Press Release             Settlement Agreement

Kim Hoang Coffee and Fast Food Restaurant (Unfair Documentary Practices) November 2013

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.

Settlement Press Release        Settlement Agreement

Arapahoe County Sheriff’s Office (Citizenship Status) October 2013

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.

Settlement Press Release             Settlement Agreement

IBM (Citizenship Status) September 2013

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.

Settlement Press Release             Settlement Agreement

Paramount Staffing (Unfair Documentary Practices) September 2013

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).

Settlement Press Release        Settlement Agreement

Huber Nurseries (Citizenship Status) September 2013

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.

Settlement Press Release             Settlement Agreement

Infinity Group (Unfair Documentary Practices) September 2013

On September 25, 2013, the Justice Department issued a press release announcing it reached a settlement agreement with Infinity Group (IG), resolving allegations of Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Kelly Services, Inc. (Citizenship Status) September 2013

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.

Settlement Press Release                Settlement Agreement

SOS Employment Group (Unfair Documentary Practices) August 2013

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 an 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.

Settlement Press Release        Settlement Agreement

Forever 21 (Unfair Documentary Practices) August 2013

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.

Settlement Press Release        Settlement Agreement

Autobuses Ejecutivos, LLC d/b/a Omnibus Express (Citizenship Status) August 2013

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.

Complaint Press Release         Complaint

Stellar Staffing, Inc. (Citizenship Status) July 2013

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.

Settlement Press Release         Settlement Agreement

Vincent Porcaro, Inc. (Unfair Documentary Practices) July 2013

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Macy’s Retail (Unfair Documentary Practices) June 2013

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

ISS Facility Services Company (Unfair Documentary Practices) May 2013

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 Unfair Documentary Practices 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 Unfair Documentary Practices, 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.

Settlement Press Release        Settlement Agreement

Milestone Management Company (Unfair Documentary Practices) April 2013

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 back pay at the outset of the Department's investigation.

Settlement Press Release        Settlement Agreement

Poulan Pecan (Unfair Documentary Practices) March 2013

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

The Agency Staffing (Unfair Documentary Practices) February 2013

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.

Settlement Press Release        Settlement Agreement

FTD, Inc. (Retaliation) February 2013

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. § 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.

Settlement Press Release               Settlement Agreement

Avant Healthcare Professionals, LLC (Citizenship Status) February 2013

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.

Settlement Press Release             Settlement Agreement

Houston Community College (Unfair Documentary Practices) January 2013

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Centerplate, Inc. (Unfair Documentary Practices) January 2013

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

R-Tronics, LLC (Citizenship Status) December 2012

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.

Settlement Press Release             Settlement Agreement

Holliswood Hospital (Unfair Documentary Practices) December 2012

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 would need to be 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.

Settlement Press Release        Settlement Agreement

ComForcare In-Home Care & Senior Services (Citizenship Status) December 2012

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 back pay. 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.

Settlement Press Release             Settlement Agreement

Gamewell Mechanical, Inc. (Citizenship Status) November 2012

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.

Settlement Press Release             Settlement Agreement

Advantage Home Care (Unfair Documentary Practices) October 2012

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.

Settlement Press Release        Settlement Agreement

Tuscany Hotel and Casino, LLC (Unfair Documentary Practices) October 2012

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.

Settlement Press Release        Settlement Agreement

Diversified Maintenance Systems, LLC (Retaliation) September 2012

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.

Settlement Press Release                    Settlement Agreement

Jerry Estopy, d/b/a Estopy Farms (Citizenship Status) September 2012

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.

Complaint Press Release         Complaint

MicroLink Devices (Citizenship Status) August 2012

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.

Settlement Press Release             Settlement Agreement

Best Packing Services Employment Agency, Inc. (Unfair Documentary Practices) August 2012

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.

Settlement Press Release        Settlement Agreement

United Natural Foods, Inc. (Unfair Documentary Practices) July 2012

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.

Settlement Press Release        Settlement Agreement

Rose Acre Farms, Inc. (Unfair Documentary Practices) June 2012

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.

Complaint Press Release         Complaint               Amended Complaint

Tuscany Hotel and Casino, LLC (Citizenship Status, Unfair Documentary Practices) May 2012

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.

Complaint Press Release         Complaint

Whiz International, LLC (Retaliation) May 2012

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.

Settlement Press Release      Settlement Agreement

Whiz International, LLC (Retaliation) May 2012

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.

Complaint Press Release         Complaint

Imagine School, Inc. (Unfair Documentary Practices) May 2012

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.

Settlement Press Release        Settlement Agreement

Onward Healthcare, Inc. (Citizenship Status) March 2012

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.

Settlement Press Release             Settlement Agreement

Ross Stores, Inc. (Unfair Documentary Practices) March 2012

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Indrescom Security Technology, Inc. (Unfair Documentary Practices) March 2012

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.

Settlement Press Release        Settlement Agreement

University of California San Diego Medical Center (Unfair Documentary Practices) January 2012

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.

Settlement Press Release     Settlement Agreement

Garland Sales, Inc. (Retaliation, Unfair Documentary Practices) December 2011

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

BAE Systems Ship Repair, Inc. (Unfair Documentary Practices) December 2011

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Home Care Giver Services, Inc. (National Origin) December 2011

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.

Complaint Press Release         Complaint

Sernak Farms (Citizenship Status) December 2011

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.

Settlement Press Release             Settlement Agreement

University of California San Diego Medical Center (Unfair Documentary Practices) December 2011

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.

Complaint Press Release         Complaint

Generations Healthcare (Unfair Documentary Practices) September 2011

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.

Complaint Press Release       Complaint

Kinro Manufacturing, Inc. (Unfair Documentary Practices) August 2011

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Farmland Foods, Inc. (Unfair Documentary Practices) August 2011

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 Unfair Documentary Practices 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.

Settlement Press Release    Settlement Agreement   

Summit Steel Fabricators (Unfair Documentary Practices) August 2011

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 Unfair Documentary Practices 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.

Settlement Press Release        Settlement Agreement

Brand Energy and Industrial Services (Unfair Documentary Practices) July 2011

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 Unfair Documentary Practices 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.

Settlement Press Release             Settlement Agreement

Mar-Jac Poultry, Inc. (Citizenship Status, Unfair Documentary Practices) July 2011

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.

Complaint Press Release           Complaint

Farmland Foods, Inc. (Unfair Documentary Practices) June 2011

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.

Complaint Press Release    Complaint

Canvas Corporation (Citizenship Status) June 2011

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.

Settlement Press Release             Settlement Agreement

American Academy of Pediatrics (Citizenship Status) May 2011

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.

Settlement Press Release             Settlement Agreement

Iflowsoft, LLC (Citizenship Status) May 2011

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 employees 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.

Settlement Press Release                Settlement Agreement

Maricopa County Community College District (Unfair Documentary Practices) May 2011

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 Unfair Documentary Practices 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.

Settlement Press Release     Settlement Agreement      Complaint Press Release      Complaint

Restwend, LLC (Citizenship Status) April 2011

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).

Settlement Press Release             Settlement Agreement

LF Staffing Services, Inc. (National Origin, Unfair Documentary Practices) April 2011

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).

Settlement Press Release          Settlement Agreement

Martin Farms (Citizenship Status) March 2011

On March 23, 2011, the Division reached an agreement with Martin Farms to resolve a charge of citizenship status discrimination. The charging party, a U.S. citizen, alleged that Martin Farms rejected her job application because it was seeking to hire H-2A workers. Under the settlement agreement, Martin Farms agreed to offer the charging party a job and to comply with several injunctive terms to prevent future discrimination, including specialized training regarding the INA’s anti-discrimination provision, which Martin Farms completed prior to executing the agreement. Martin Farms was also subject to department monitoring. 

Settlement Agreement

American Education and Travel Services (Citizenship Status) March 2011

On March 8, 2011, the Division and the New York Regional Office of the U.S. Equal Employment Opportunity Commission (EEOC) reached a global settlement agreement with American Education and Travel Services, Inc. (AETS) resolving claims that AETS violated both the INA’s anti-discrimination provision and Title VII of the Civil Rights Act of 1964 when it published a job advertisement limiting applicants to U.S. citizens and native English speakers. Among the terms of the settlement agreement, AETS agreed to pay $10,000 in back pay and compensatory damages, and to participate in training on both the anti-discrimination provision and Title VII.

Settlement Press Release             Settlement Agreement

Tyson Foods (Citizenship Status, Unfair Documentary Practices) January 2011

On January 19, 2011, the Division signed an agreement with Tyson Foods and a Charging Party resolving allegations by the Charging Party that Tyson Foods engaged in citizenship status discrimination during the employment eligibility verification process in violation of 8 U.S.C. § 1324b(a)(6) by requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the I-9 form. Under the settlement agreement, Tyson Foods agreed to conform its employment eligibility verification process to the requirements of 8 U.S.C. § 1324b, and to ensure that relevant human resources officials participated in specialized OSC-approved or –provided training on the anti-discrimination provision of the INA.

Settlement Agreement

Collins Management Corporation (Citizenship Status, Unfair Documentary Practices) December 2010

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.

Settlement Press Release             Settlement Agreement

Oakwood Health Promotions (Citizenship Status) December 2010

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.

Settlement Agreement

Hoover, Inc. (Citizenship Status, Unfair Documentary Practices) November 2010

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.

Settlement Press Release          Settlement Agreement

Catholic Healthcare West (Unfair Documentary Practices) October 2010

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 Unfair Documentary Practices 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 Unfair Documentary Practices, (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.

Settlement Press Release           Settlement Agreement

Macy’s (Citizenship Status, Unfair Documentary Practices) June 2010

On June 21, 2010, the Division signed an agreement with Macy’s and a Charging Party resolving claims of citizenship status discrimination during the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens,  to complete the Form I-9. Under the settlement agreement, Macy’s agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. §1324b(a)(6), and to ensure that relevant human resources officials participated in OSC-provided or –approved  training on the anti-discrimination provision of the INA.

Settlement Agreement

Morton’s Steakhouse (Citizenship Status, Unfair Documentary Practices) June 2010

On June 21, 2010, the Division signed an agreement with Morton’s Restaurant and the Charging Party resolving claims of citizenship status discrimination in the employment eligibility verification process based on an alleged pattern or practice of requesting specific documents from non-U.S. citizens, but not U.S. citizens, to complete the Form I-9.  Under the terms of the settlement, Morton’s agreed to provide back pay in the amounts of $2,880 and $5,715.62 to two employees, pay a $2,200 civil penalty to the U.S. Treasury, and train Morton’s Portland employees on federal protections for workers against citizenship status and national origin discrimination. 

Settlement Press Release             Settlement Agreement

Aquatico Pool Management (Citizenship Status, Unfair Documentary Practices) June 2010

On June 8, 2010, the Division signed a settlement agreement with Aquatico Pool Management of Sugarland, Texas resolving a charge by a lawful permanent resident of discrimination during the Form I-9 process. The Division’s investigation established that Aquatico withdrew the Charging Party’s offer of employment when he presented a restricted Social Security card (with the notation “valid for work only with DHS authorization”) in addition to his Permanent Resident Card during the form I-9 process. As part of the settlement, Aquatico agreed to pay $1,599.20 in civil penalties and back pay.  The company also agreed to train its human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and be post an equal opportunity statement on its website for a period of three years. 

Settlement Press Release             Settlement Agreement

John Jay College of Criminal Justice (Unfair Documentary Practices) May 2010

On May 19, 2010, the Division signed a settlement agreement with the John Jay College of Criminal Justice in New York, New York resolving a charge by a Charging Party of discrimination during the Form I-9 process. In addition to paying civil penalties in the amount of $23,260.00 and back pay to the Charging Party in the amount of $10,072.23, the John Jay College has agreed to train its human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and be post an equal opportunity statement on its website for a period of three years. 

Settlement Press Release        Settlement Agreement

Valley Crest Companies (Citizenship Status) May 2010

On May 14, 2010, the Division reached a settlement agreement with Valley Crest Landscape Companies and Charging Parties resolving allegations of hiring discrimination based on citizenship/immigration status based due to a claimed preference on the part of Valley Crest to hire non-immigrant foreign workers under the H-2B visa program rather than U.S. workers. Under the agreement, Valley Crest agreed, among other things, to  modify its recruitment and hiring policy to eliminate any preference for foreign workers, and to pay $11,173 in back pay to a U.S. citizen who applied but was not hired for a job subsequently filled by a H-2B visa holder.

Settlement Press Release             Settlement Agreement

Argosy University (EDMC) (Citizenship Status, Retaliation) May 2010

On, May 6, 2010, the Division reached a settlement agreement with Argosy University in Nashville, Tennessee, and its parent company, Education Management Corporation (EDMC) of Pittsburgh, to resolve allegations that Argosy refused to hire a lawful permanent resident because of his citizenship status and intimidated him for reporting the school’s refusal to hire. Following an OSC hotline intervention, the university offered the job to the charging party, but not before a manager at the university allegedly reprimanded the charging party for contacting OSC.  Under the terms of the settlement, Argosy and EDMC agreed to provide full back pay in the amount of $7,100 to the lawful permanent resident, modify their policy on employing foreign nationals to require equal treatment of work authorized non-citizens, and train Argosy employees on federal protections for workers under the INA’s anti-discrimination provision.

Settlement Press Release             Settlement Agreement

Beauty Smart (National Origin) February 2010

On February 4, the Division signed a settlement agreement with Sunlight Inc. d/b/a Beauty Smart in Raleigh, North Carolina, resolving a charge by a Charging Party of national origin discrimination during the Form I-9 process. In addition to paying $500.00 in civil penalties and back pay to the Charging Party in the amount of $2,000.00, Beauty Smart has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA, implement a policy prohibiting discrimination on the basis of citizenship status and national origin, and post an equal opportunity statement on its premises for a period of two years. 

Settlement Press Release        Settlement Agreement

Hines Nurseries (Citizenship Status, National Origin) July 2009

On June 1, 2009, the Division reached a settlement agreement with Hine Nurseries, Inc., a California corporation, to resolve allegations of citizenship status discrimination in violation of INA’s anti-discrimination provision. Under the agreement, Hines agreed to pay a total of $160,000 in civil penalties and back pay.

Settlement Agreement

The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008

On June 21, 2008, the Division reached a settlement agreement with iGate Mastech, Inc. and the Programmers Guild addressing Programmers Guild allegations of citizenship status discrimination in violation of the INA’s anti-discrimination provision. Among other things, the agreement required iGate to refrain from placing employment advertisements that specifically encouraged or otherwise suggested a preference for applications from non-immigrant foreign workers, and to pay $45,000 in civil penalties. 

Settlement Agreement

Gala Construction, Inc. (Unfair Documentary Practices) April 2006

On April 3, 2006, the Division reached a settlement agreement with Gala Construction, Inc. in Rocklin, California resolving a charge of document abuse during the employment eligibility verification process. In addition to paying a civil penalty in the amount of $110.00, back pay to the Charging Party in the amount of $5,053.03, and front pay to the Charging Party in the amount of $6,600.00, Gala Construction has agreed to train all human resources personnel on their responsibilities under the anti-discrimination provision of the INA and implement a policy prohibiting discrimination on the basis of citizenship status and national origin.

Settlement Agreement

Kmart (Citizenship Status, Unfair Documentary Practices) March 2006

On February 9, 2006, the Division signed a settlement agreement with Kmart Corporation resolving allegations of unfair documentary practices during the employment eligibility verification process in violation of the INA’s anti-discrimination provision. Among other things, the agreement required Kmart to pay the charging party $13,800 in back pay to the Charging Party, pay $14,000 in civil penalties to the United States, and ensure that relevant human resources personnel participate in training on the anti-discrimination provision of the INA.

Settlement Agreement

Hispanic Association of Colleges and Universities (HACU) (Citizenship Status) January 2006

On January 31, 2006, the Division signed an agreement with Hispanic Associations of Colleges and Universities (HACU) addressing allegations that HACU’s intern recruitment practices were in violation of the INA’s anti-discrimination provision. Under the agreement, HACU agreed to modify its policies and practices to ensure that all individuals would be treated equally without regard to citizenship, immigration status, or national origin during HACU’s recruitment and hiring process, and to ensure that relevant human resources personnel participated in OSC-approved or provided training on the anti-discrimination provision of the INA.

Settlement Agreement

Updated December 12, 2018

Was this page helpful?

Was this page helpful?
Yes No