COMPANY AGREES TO PAY $372,000 TO SETTLE LABOR DEPARTMENT CHARGES OF RETALIATION

FROM:  U.S. DEPARTMENT OF LABOR 
Tufts Associated Health Plans Inc. to pay more than $372,000 to 12 minority workers to settle Labor Department charges of retaliation

BOSTON — Tufts Associated Health Plans Inc. has agreed to pay $372,739 to 12 Asian, Hispanic and African American workers following an investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs. The agreement settles allegations that the Massachusetts-based federal contractor violated provisions of Executive Order 11246 by retaliating against employees that OFCCP had determined were victims of discrimination in an earlier investigation.

"Our job is to protect workers, promote diversity and enforce the law," said OFCCP Director Patricia A. Shiu. "That responsibility to workers continues long after an investigation ends. Any effort to retaliate against workers who have already been victimized by unfair treatment only compounds the problem and will not be tolerated by this administration."

In May 2009, Tufts agreed to hire minority workers as customer service representatives to settle an OFCCP finding that the contractor's hiring practices discriminated against minorities. On March 10, 2010, OFCCP received a complaint of discrimination from an individual hired under that agreement, alleging he had been terminated due to his race and retaliated against due to his status as an OFCCP class member. The worker alleged that minority class members were segregated from other employees and held to stricter standards than non-class members during the training program.
OFCCP's subsequent investigation determined that re
taliation against 12 class members occurred in the timing, application and implementation of the company's customer service training program, resulting in their termination from the program.
In addition to paying $372,739 to the class members, Tufts has agreed to ensure full compliance with Executive Order 11246 by providing training to managers and trainers involved in enforcing the equal employment opportunity and non-retaliation provisions of the Executive Order.

Tufts Associated Health Plans Inc. offers a full array of health coverage options including Medicare Part D prescription benefits, which it offers under a contract with the Centers for Medicare and Medicaid Services for the operation of a Voluntary Medicare Prescription Drug Plan. The total contract amount for Part D prescription benefits for the period of January through May 2012 alone was $84.5 million.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These three laws require those who do business with the federal government, both contractors and subcontractors, to follow the fair and reasonable standard that they not discriminate in employment on the basis of sex, race, color, religion, national origin, disability or status as a protected veteran.

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.