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 INAs anti-discrimination provision. On November 10, 2020, the Division signed a settlement agreement with Fleetlogix, Inc. (Fleetlogix) resolving claims that the company routinely asked the non-U.S. citizens it hired in Phoenix to provide documents issued by the Department of Homeland Security, such as I-94s with refugee/asylee annotations, or Permanent Resident Cards, to prove their employment eligibility. 1324b(a)(1). Creating engaging, customizable compliance training that unlocks the potential in every organization. IERs investigation found that Amiga posted at least six facially discriminatory job advertisements in 2021. 1324b(a)(6) by requesting newly-hired non-U.S. citizens, but not U.S. citizens, produce specific documents to establish their work authorization. WebRetaliation for filing discrimination claims or making discrimination complaints is prohibited by the same laws which prohibit discrimination itself. 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. The Department concluded that the companys unlawful practice of restricting job vacancies to U.S. citizens and in some cases, to U.S. citizens and lawful permanent residents, was based on a misinterpretation of the requirements under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). 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. WesPak did not similarly require U.S. citizens whose original work documents had an expiration date to re-prove their work authorization. On April 6, 2017, the Division signed a settlement agreement with Respondent resolving an investigation into the Respondents employment eligibility practices. Settle Under the agreement, El Expreso agreed to pay $31,500 in civil penalties to the United States, make up to $197,500 available to satisfy back pay awards to U.S. workers denied employment, engage in enhanced recruitment efforts for U.S. workers should it choose to use the H-2B visa program, participate in IER-provided training on the anti-discrimination provision of the INA, and undergo departmental reporting and monitoring for a three year period. Guidance: Retaliation for Discrimination - EEOC Discrimination Some recent examples highlight the impact of retaliation case settlements on an organizations bottom line, not to mention reputation and productivity. 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 companys request. 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. 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. 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. 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. WebMMPS of New York Settles Pregnancy Discrimination Case for $40,000 in Damages and Penalties and Affirmative Relief MMPS of New York, a medical clinic, agreed to settle a case where a pregnant employee was not provided accommodations and was ultimately terminated because of her pregnancy. On June 26, 2018, IER reached a settlement agreement with Triple H Services, LLC (Triple H). Under the settlement agreement, IBM has agreed to pay $44,400 in civil penalties to the United States. wrongful termination settlements & cases 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. CFA Institute (CFAI) (Citizenship Status) February 2019. The documentary demand that the Charging Party present a document he could not legally obtain resulted in the end of the Charging Partys employment. On January 26, 2021, the Division signed a settlement agreement with Quantum Integrators Group to resolve a charge of discrimination in referral for a fee and unfair documentary practices based on citizenship status. On June 6, 2022, IER signed a settlement agreement with Temple Beth El to resolve IERs reasonable cause finding that it discriminated against a lawful permanent resident in violation of 8 U.S.C. Specifically, IERs investigation found that from at least May 8, 2019, to September 21, 2019, Ikon posted at least eight job advertisements for information technology (IT) positions that solicited applications from non-U.S. citizens with immigration statuses associated with certain employment-based visas and, in so doing, harmed U.S. workers by unlawfully deterring or failing to fairly consider them for hire, including the Charging Party. On August 13, 2021, the Division signed a settlement agreement with JP Senior Healthcare and JP Senior Management resolving an IER reasonable cause finding that the two related companies improperly rejected a new employees valid California drivers license and unrestricted Social Security card and demanded that the employee instead present a Permanent Resident card, based on the companies belief that the Charging Party who is Latino was not a U.S. citizen.