On October 6, 2020, IER signed a settlement agreement with Security Management of South Carolina, LLC (SMSC), a private security company that provides security services throughout South Carolina and Georgia. 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. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). 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. 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 Immigration and Nationality Act and the E-Verify program rules, employers cannot discriminate in their use of E-Verify based on citizenship or immigration status. R-Tronics, LLC (Citizenship Status) December 2012. If the employee has been found to have been wrongfully terminated, demoted, or suspended, they may recover the lost wages suffered in the time they had been away from their former position (known as "back pay"), as well as the wages they would continue to lose in the future if not reinstated to former position (known as "front pay"). 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. 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. Under the settlement agreement, the companies will pay a civil penalty to the United States, pay the Charging Party back pay plus interest, and train relevant employees on anti-discrimination obligations. 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. The Divisions investigation established that Aquatico withdrew the Charging Partys 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. 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. On May 9, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the companys Form I-9 employment eligibility verification practices. Guidance: Retaliation for Discrimination - EEOC 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 Divisions 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. Mar-Jac Poultry, Inc. (Citizenship Status, Unfair Documentary Practices) July 2011. U.S. Service Industries (Unfair Documentary Practices) January 2015. 2020 Settlement Highlights Under the settlement agreement, Chancery Staffing will pay a civil penalty of $27,000, provide back pay to victims identified during the term of the settlement agreement, and participate in Division-provided training on the anti-discrimination provision contained in 8 U.S.C. 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. The settlement followed a trial wherein the Justice Department's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) prevailed. retaliation On March 16, 2022, IER signed a settlement agreement with Bianchi Home Care Inc. (Bianchi) resolving IERs reasonable cause finding that Bianchi committed citizenship status discrimination in violation of 8 U.S.C. Triple H Services, Inc. (Citizenship Status) June 2018. Facebook (Citizenship Status) October 2021. OSC's investigation concluded that Standard TyTape Company engaged in a pattern or practice of Unfair Documentary Practices in violation of U.S.C. IERs investigation concluded that from at least November 2016 through January 2018, CFAI set aside grading positions for temporary visa holders, and thus failed to consider equally qualified U.S. workers, in violation of 8 U.S.C. Adaequare, Inc. (Citizenship Status) March 2021. 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. IERs investigation concluded that, from at least October 2015 through at least August 2018, the Companies had a pattern or practice of requesting that lawful permanent residents produce specific documents issued by the Department of Homeland Security during the employment eligibility verification process because of their citizenship status, in violation of 8 U.S.C. In contrast, Ascension did not program the software to send e-mails to U.S. citizens and therefore did not notify U.S. citizens near the expiration of their documents. When she complained about the wage disparity and asked that her pay be increased, the company retaliated by assigning her additional work, subjecting her to verbal harassment and firing her, the EEOC said. Additionally, the Divisions investigation concluded that the company had a pattern or practice of requiring more or additional documents than are legally required to establish work eligibility from work-authorized non-citizens. On December 23, 2022, IER secured a settlement with Walter J. Willoughby Jr., MD., Ltd. to resolve IERs reasonable cause finding that the company discriminatorily fired a longstanding employee based on her national origin, in violation of 8 U.S.C. On January 18, 2023, IER signed a settlement agreement with Nederlander Marketing, Inc. d/b/a Broadway Direct (Broadway Direct) to resolve IERs reasonable cause finding that Broadway Direct engaged in citizenship status discrimination in violation of 8 U.S.C. 1324b, and be subject to departmental monitoring. 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. 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).