If the EEOC picks up the case or the worker takes the employer to court, the question comes down to "damages": the financial compensation for the losses the employee has suffered owing to the retaliatory behavior from the employer. Standard TyTape Company, Inc. (Unfair Documentary Practices) February 2015. It is illegal for employers to retaliate against employees for engaging in "protected activity" of filing unlawful discrimination/ sexual harassment/hostile work environment claim with the HR, a state agency or a federal watchdog organization. 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. 1324b(a)(6) at the Pasco Processing facility. Under the settlement agreement, Collabera will pay $53,000 in civil penalties, provide back pay of $35,475.92 to one discrimination victim, train its employees on the requirements of the INAs anti-discrimination provision, and be subject to departmental reporting requirements. On June 21, 2010, the Division signed an agreement with Mortons 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. 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 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. On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (Triple H). On July 30, 2019, IER entered into a settlement agreement resolving a reasonable cause determination that United General Bakery, Inc., d/b/a Upper Crust Bakery, a baked goods supplier in Phoenix, Arizona, engaged in a pattern or practice of unfair documentary practices in violation of 8 U.S.C. On November 22, 2016, the Division signed a settlement agreement resolving its investigation of Aldine Independent School District. The Art of the Settlement - SHRM An employee has a reasonable cause for suspicion if they got fired shortly after filing an employment discrimination complaint -- or suddenly found themselves scrutinized, micromanaged and left out of team meetings and activities: a dramatic shift from how they had been treated before filing the complaint. 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. The Divisions 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. 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. 1324b(a)(6) by requiring non-citizens, but not citizens, to present specific types of documents as part of its employment eligibility reverification process. The Programmers Guild v. iGate Mastech (Citizenship Status, H1B, Recruitment or Referral for a Fee) April 2008. Macy's West Stores, Inc. (Citizenship Status and Unfair Documentary Practices) June 2016. The Divisions 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. Of these, employees lost at least half of all cases. On December 28, 2020, the Division signed a settlement agreement with Northgate Gonzalez Markets, Inc., and Northgate Gonzalez Financial, LLC d/b/a Prospera Gonzalez (collectively Northgate), resolving a claim that Northgate asked a worker with asylum status for a specific, DHS-issued document to reverify his employment eligibility and rejected his attempt to present his unrestricted Social Security card, resulting in his termination. On August 17, 2021, IER signed a settlement agreement with Ameritech Global, Inc (Ameritech), resolving a reasonable cause finding that Ameritech discriminated against U.S. workers (U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, and refugees) by posting job advertisements specifying a preference for applicants with temporary work visas and failing to consider at least three U.S. worker applicants who nevertheless applied to the advertised positions. Despite receiving over two dozen applications from available and qualified U.S. workers through the Maryland Workforce Exchange, Hallaton hired none of them. Under the terms of the settlement, Mortons 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 Mortons Portland employees on federal protections for workers against citizenship status and national origin discrimination. 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. 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. Citizenship and Immigration Services (USCIS)-issued document during the employment eligibility re-verification process. 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. EEOC Litigation Settlement Activity - January 2020 City of Eugene Police Department (Citizenship Status) August 2015. Complaint Press Release ComplaintAmended Complaint, Tuscany Hotel and Casino, LLC (Citizenship Status, Unfair Documentary Practices) May 2012. Sernak agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. 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. On June 24, 2021, IER signed a settlement agreement with Easterseals-Goodwill Northern Rocky Mountain, Inc. (ESGW), resolving claims that ESGW engaged in unfair documentary practices based on citizenship status in violation of 8 U.S.C. 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. The parties have agreed that Challenger will pay a $6000 civil penalty, establish a $36,820 fund to cover back pay and interest for victims, and be subject to departmental monitoring and reporting requirements. resolving a reasonable cause finding that the companys employment eligibility verification practices at its Bolingbrook, Illinois plant violated the anti-discrimination provision of the Immigration and Nationality Act. 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. The EEOC reviews the employer retaliation claim and decides whether or not it is founded. Settlement Press Release Settlement Agreement, G4S Secure Solutions USA, Inc (Citizenship Status) March 2021. 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. Avant Healthcare Professionals, LLC (Citizenship Status) February 2013. 1324b, and undergo departmental reporting and monitoring. The department's investigation, which was initiated based on a referral from the U.S. 1324b(a)(6). In doing so, Secureapp deterred protected individuals (including U.S. citizens and nationals, lawful permanent residents, refugees, and asylees) from applying to the 12 advertisements. The Charging Party did not seek reinstatement because she has full-time employment. 1324b(a)(1)(B). 1324b. Your employer might have a perfectly reasonable explanation for why they committed the act that gave you a negative impression. 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 strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. Yellow-Checker-Star Transportation (Unfair Documentary Practices) October 2015. Settlement Press Release Settlement Agreement Back Pay Survey, Bel USA, LLC (Unfair Documentary Practices) July 2020. The charge alleged that the company, prior to hire, rejected documents establishing the Charging Partys employment eligibility that it routinely accepted from U.S. citizens. American Association of Colleges of Podiatric Medicine (AACPM), Prestigious Placement Settlement Agreement. 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. Gala Construction, Inc. (Unfair Documentary Practices) April 2006. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individual's employment eligibility. If a job loss/demotion/suspension affected the worker financially, they may be able to recover the lost vacation days, health insurance benefits, bonuses, and 401K contributions. The Departments independent investigation determined that between August 2015 and December 2016, Honda Aircraft published at least 25 job postings that unlawfully required applicants to have a specific citizenship status to be considered for vacancies. OSC found that the companys request for the Green Card and suspension of the Charging Party constituted unlawful Unfair Documentary Practices in violation of 8 U.S.C. IERs investigation found that G4S, a security services company based in Jupiter, Florida, rejected the Charging Partys valid Permanent Resident Card and Form I-797 extending its validity, and requested a new Permanent Resident Card to verify his work authorization, because of his status as a Lawful Permanent Resident. UPS asked for the additional documents after getting a data entry error notification from the propriety software program the company uses to access E-Verify and verify workers permission to work. The Divisions investigation determined that after aworker complained that InMotions request for a Permanent Resident Card was discriminatory under the INA, the company removed worker from its pool of candidates available for job placement. WebWhistleblower Retaliation Cases and Settlements Whistleblowers are vital to the ethical and moral compass of big companies and other employers. Farmland Foods, Inc. (Unfair Documentary Practices) August 2011, Settlement Press Release Settlement Agreement, Summit Steel Fabricators (Unfair Documentary Practices) August 2011, Brand Energy and Industrial Services (Unfair Documentary Practices) July 2011. Settlement Press Release Settlement Agreement, Rose Acre Farms, Inc. (Unfair Documentary Practices) August 2018. The case settled prior to the Justice Department filing a complaint in this matter. 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. 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. Huber Nurseries (Citizenship Status) September 2013. Complaint Press Release Complaint, Technical Marine Maintenance Texas (Unfair Documentary Practices) July 2017. Under the settlement agreement, Macys agreed to conform its employment eligibility verification policies and practices to the requirements of 8 U.S.C. Training should explain your policy and reporting procedures, provide examples of how and when retaliation can occur in your. Complaint Press Release Complaint, American Cleaning Company (Unfair Documentary Practices) October 2016. 1324b(a)(6). 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. Under the terms of the agreement, Onward Healthcare will pay $100,000 in civil penalties to the United States government. The settlement agreement requires ESGW to pay a civil penalty of $6,186, train relevant employees about the anti-discrimination requirements of 8 U.S.C. Rather than investigate her complaint, the company terminated her assignment. 1324b(a)(1) and (a)(6). The agreement requires Onin to, among other things, pay a civil penalty of $70,695 to the United States, train relevant personnel on avoiding discrimination, ensure that their commercial Form I-9 software complies with federal requirements, and be subject to Division monitoring and reporting. Here, protected activity means exercising one's legal right to lodge a formal complaint (or participate as a witness it its investigation) in instances of inappropriate/unsafe behaviors at the office (such as discrimination on the basis of protected traits such as race, gender, disability, sexual orientation, national origin, genetic information, etc.). 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. (DJ# 197-39-150), Microsoft Corporation (Citizenship Status) December 2021. North American Shipbuilding, LLC (Retaliation) October 2015. Microsoft will pay civil penalties to the United States and train its employees who are responsible for verifying and reverifying workers permission to work in the United States. 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. IER also determined that Gap discriminated against some non-U.S. citizens by requesting that they provide specific documents to confirm that they still had permission to work. A .gov website belongs to an official government organization in the United States. The agreement recognizes that the County unilaterally reinstated the deputy sheriff with back pay and requires the County to edit job advertisements to comply with 8 U.S.C. Specifically, IERs charge-based investigation found that Tecon rejected the U.S. Passport presented by the Charging Party, a naturalized U.S. citizen originally from Venezuela, for the Form I-9, and demanded more or different documentation in order to establish work authorization based on her national origin in violation of 8 U.S.C. Settlement Press Release Settlement Agreement, Motorcoach Class A Transportation, Inc. (Unfair Documentary Practices) September 2014.