COMPANY SETTLES DISCRIMINATORY DOCUMENT IMMIGRATION REQUEST CASE

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, May 7, 2014

Justice Department Settles Immigration-Related Discrimination Claim Against Master Klean Janitorial

The Justice Department reached an agreement today with Master Klean Janitorial, a company based in Denver, resolving claims that the company engaged in a pattern or practice of discriminatory documentary requests based on citizenship status in violation of the Immigration and Nationality Act (INA).

The department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services.  The investigation found that Master Klean Janitorial subjected work-authorized non-U.S. citizen new hires to unlawful demands for specific documentation issued by the U.S. Department of Homeland Security in order to verify their employment eligibility, while U.S. citizens were permitted to present their choice of documentation.  The INA’s anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin.  This practice is commonly known as document abuse.

Under the settlement agreement, Master Klean Janitorial will pay $75,000 in civil penalties to the United States, undergo training on the anti-discrimination provision of the INA, revise its employment eligibility verification policies and be subject to monitoring of its employment eligibility verification practices for one year.

“The Department of Justice is committed to eliminating discriminatory hurdles for work-authorized non-U.S. citizens in the employment eligibility verification process,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “I am pleased that Master Klean Janitorial has worked cooperatively with the department to reach an amicable resolution.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.  The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, document abuse and retaliation or intimidation .  
For more information about protections against employment discrimination under immigration laws or how to sign up for a free webinar, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired), call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired) or visit the OSC website at www.justice.gov/crt/about/osc .

Applicants or employees who believe they were subjected to different documentary requirements or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral should contact the worker hotline above for assistance.

JUSTICE AND INFINITY GROUP TO RESOLVE ALLEGATIONS OF IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, September 25, 2013
Justice Department Reaches Settlement with Infinity Group to Resolve Immigration-Related Unfair Employment Practices

The Justice Department announced today that it has reached an agreement with Infinity Group (IG) and its related entities resolving allegations that the companies violated the anti-discrimination provision of the Immigration and Nationality Act (INA).  IG is based in Clute, Texas and provides project-based temporary skilled labor to client companies.  IG employs over a thousand individuals in the United States.

The Department’s investigation was initiated based on a referral from U.S. Citizenship and Immigration Services (USCIS).  The investigation determined that IG entities, which utilized the E-Verify system, required non-citizens to present specific U.S. Department of Homeland Security-issued documents to establish their identity and employment authorization while not making similar requests of U.S. citizens.  The INA’s anti-discrimination provision prohibits employers from
discriminating against noncitizens in the employment eligibility verification process by demanding more or different documents than U.S. citizens are required to present.  After receiving notice of the Office of Special Counsel for Immigration-Related Employment Practices’ (OSC) investigation, IG immediately changed its employment policies and practices to conform to the anti-discrimination provision of the INA.

Under the terms of the settlement agreement, IG will train its human resources personnel on the INA’s anti-discrimination provision; pay $53,800 in civil penalties to the United States; create a $35,000 back pay fund to compensate any individuals who suffered lost wages as a result of its practices; and be subject to monitoring by the department and reporting requirements for a period of two years.
 
“Employers, including those who use E-Verify, must ensure that their human resources personnel do not violate the anti-discrimination provision of the INA,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division.  “Infinity Group is commended for immediately changing its policies upon notice of OSC’s investigation to address its discriminatory documentary practices.”

OSC is responsible for enforcing the anti-discrimination provision of the INA.  The case was handled by OSC Trial Attorney Liza Zamd.

STAFFING COMPANY RESOLVES WITH JUSTICE DEPARTMENT ALLEGATIONS OF UNFAIR EMPLOYMENT PRACTICES

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, September 9, 2013
Justice Department Reaches Settlement with Staffing Company to Resolve Immigration-related Unfair Employment Practices

The Justice Department announced today that it reached an agreement with Kelly Services Inc., a staffing company based in Troy, Mich., resolving an allegation of discrimination based on citizenship status during the employment eligibility re-verification process at one of its branch locations in Schaumburg, Ill.  The investigation was initiated by the department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) based on information obtained from a former employee of the company who had contacted that office.

The department’s investigation concluded that Kelly Services terminated the individual’s employment during the employment eligibility re-verification process when he did not produce a new U.S. Citizenship and Immigration Services (USCIS)-issued document, even though he had a valid unrestricted Social Security card at the time that was also acceptable to show continued employment eligibility.  To resolve the matter, Kelly Services has agreed to compensate the former employee for lost wages in the amount of $1,888.60 and pay a $1,100 civil penalty to the United States.  Designated Kelly Services staff will also participate in Justice Department training on employers’ responsibilities under the anti-discrimination provision of the Immigration and Nationality Act (INA).
         
 OSC is responsible for enforcing the anti-discrimination provision of the INA.

JUSTICE SETTLES IMMIGRATION-RELATED DISCRIMINATION CLAIM WITH PROPERTY MANGEMENT COMPANY

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, April 9, 2013
Justice Department Settles Immigration-Related Discrimination Claim Against Property Management Company

The Justice Department today reached an agreement with Milestone Management Company, a nationwide residential property management firm headquartered in Dallas, resolving claims that the staffing company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In a charge filed with the department, a lawful permanent resident alleged that after working for Milestone for three years, the company improperly demanded that he produce an unexpired lawful permanent resident card, despite the fact that he had presented proper work authorization documentation at the time of hire. The company discharged the worker when he was unable to present the document. The department’s investigation revealed that Milestone had also improperly reverified the documentation of other lawful permanent residents when their documentation expired and that it did not reverify expired documentation of U.S. citizens. The anti-discrimination provision generally prohibits treating employees differently in the employment eligibility verification and reverification processes based on citizenship or national origin unless required by law.

In response to the Justice Department’s investigation, Milestone immediately reinstated the charging party and provided full backpay for his six weeks of lost wages. Milestone cooperated with the department’s requests for information regarding its employment authorization verification processes throughout the investigation, and took proactive steps in collaboration with the department to provide corrective training for Milestone employees before the investigation had been concluded.

Under the terms of the agreement, Milestone agreed to pay $20,000 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of three years. The case settled prior to the Justice Department filing a complaint in this matter.

"We commend Milestone’s full cooperation with the Department’s investigation of this matter, and its proactive efforts to ensure that all of its employees responsible for completing Form I-9 are fully aware of their obligations under the INA’s antidiscrimination provisions," said Gregory B. Friel, Deputy Assistant Attorney General for the Civil Rights Division.

U.S. JUSTICE DEPT. FILES EMPLOYMENT DISCRIMINATION LAWSUIT AGAINST TEXAS FARM

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, September 11, 2012

Justice Department Files Lawsuit Alleging Employment Discrimination by Texas Farm

The Justice Department filed a motion to intervene today in a lawsuit against Jerry Estopy, d/b/a Estopy Farms, a sorghum and soy farm in McAllen, Tex., which also provides equipment and equipment operators for harvests at other farms. The Justice Department seeks to intervene in a lawsuit filed by two U.S. citizens against the farm. The department alleges that the company discriminated against one of the U.S. citizens when it refused to hire him based on his citizenship status. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from discriminating against workers based on national origin or citizenship status in the hiring or firing process.

According to the department’s complaint, the injured party, a U.S. citizen with over twelve years experience operating cotton combines and tractors, applied for a position with Estopy Farms as a cotton picker operator around June of 2010. The U.S. citizen was not hired, and Estopy Farms hired a number of seasonal foreign workers instead. The department found reasonable cause to believe that the company did not hire the U.S. citizen because it preferred to hire foreign workers under the H-2A visa program. The H-2A visa program allows foreign nationals into the U.S. for temporary or seasonal agricultural work. Employers that seek to participate in the program file an application with the U.S. Department of Labor certifying that they have actively tried to recruit U.S. workers for the jobs and that the temporary workers’ employment will not adversely affect the wages and working conditions of similarly employed U.S. workers. The U.S. Citizenship and Immigration Services is charged with approving applications for the H-2A visas.

"The Justice Department will not tolerate discriminatory hiring practices," said Thomas E. Perez, Assistant Attorney General in charge of the Civil Rights Division. "While the department does not enforce the rules pertaining to the H-2A program, we will vigorously enforce the INA’s anti-discrimination provision, which protects U.S. workers against an employer’s illegal and discriminatory preferences."

Texas Rio Grande Legal Aid filed a lawsuit with the Office of the Chief Administrative Hearing Officer (OCAHO) within the Justice Department’s Executive Office for Immigration Review on behalf of the two U.S. citizens on Nov. 14, 2011. Because a complaint has already been filed, the department seeks to intervene in the existing lawsuit. The Justice Department is represented by trial attorney Liza Zamd in this matter.

JUSTICE DEPARTMENT SAYS COMPANY DISCRIMINATED AGAINST U.S. CITIZENS

FROM:  U.S. DEPARTMENT OF JUSTICE
Tuesday, May 22, 2012
Justice Department Files Lawsuit Against New Jersey Information Technology Company for Retaliation
The Justice Department filed a lawsuit today against Whiz International LLC, an information technology staffing company in Jersey City, N.J., regarding allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it terminated an employee in retaliation for expressing opposition to Whiz’s alleged preference for foreign nationals with temporary work visas.

The complaint alleges that the company directed an employee that served as a receptionist and a recruiter, to prefer certain noncitizens in its recruitment efforts and then terminated the employee when she expressed discomfort with excluding U.S. citizens and lawful permanent residents from consideration. The anti-discrimination provision prohibits employers from retaliating against workers who oppose a practice that is illegal under the statute or who attempt to assert rights under the statute.

“Employers cannot punish employees who try to do the right thing and take reasonable measures to shed light on a practice they believe may be discriminatory,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Employers must ensure that their practices conform to the anti-discrimination provision of the INA, and retaliation will not be tolerated.”

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee, as well as civil penalties.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provisions of the INA, which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination.  The INA also protects work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process and retaliation.