Civil Rights Division
Current Settlements & Lawsuits
Covenant Transport Group, Inc. (Unfair Documentary Practices) November 2023
On November 20, 2023, IER entered into a settlement agreement with Covenant Transport Group, Inc. and Transport Management Services, LLC, Tennessee-based trucking companies. The settlement resolved IER’s reasonable cause finding that the companies engaged in a pattern or practice of unfair documentary practices by requiring non-U.S. citizens to present specific documents to demonstrate their employment eligibility while allowing U.S. citizens to choose from among various acceptable documents to demonstrate their permission to work. The settlement requires the companies to pay $700,000 in civil penalties and engage in corrective measures, including having their human resources staff undergo IER training, as well as revising their policies to ensure that they meet their non-discrimination obligations.
New York City Health and Hospitals Corporation (National Origin) November 2023
On November 16, 2023, IER signed a settlement agreement with New York City Health and Hospitals (NYCHH) to resolve its reasonable cause finding that NYCHH violated the Immigration and Nationality Act (INA) by discriminating against a worker, based on her national origin, when confirming the worker’s permission to work in the United States. IER’s investigation determined that NYCHH rejected the worker’s valid employment authorization document (EAD) which was automatically extended through a notice in the Federal Register applicable to those with Temporary Protected Status (TPS) based on the incorrect assumption that the worker’s country of birth listed on her EAD had to be the same as the country designated for TPS. Under the agreement, NYCHH will pay a civil penalty to the United States and back pay to the affected worker. The agreement also requires NYCHH to train its staff on the INA’s requirements, post notices informing workers of their rights, review and revise it employment policies, and be subject to departmental monitoring for three years.
Kforce Inc. (Citizenship Status) November 2023
On November 15, 2023, IER secured a settlement agreement with Kforce Inc. (“Kforce”) to resolve its determination that Kforce violated the Immigration and Nationality Act (INA) by unlawfully discriminating against non-U.S. citizens in hiring. IER’s investigation determined that from at least March 1, 2019, to February 28, 2022, Kforce regularly distributed job advertisements that contained unlawful hiring restrictions based on citizenship status or otherwise screened out candidates based on their citizenship status. The IER investigation also found that Respondent harmed protected non-U.S. citizen workers by unlawfully deterring them from applying to the job advertisements and failing to meaningfully consider those who did apply. The agreement requires Kforce Inc. to pay $690,000 in civil penalties, set aside $230,000 to compensate affected workers, train its personnel on the INA’s requirements, and revise its employment policies.
Cox Communications, Inc. (Citizenship Status) November 2023
On November 8, 2023, IER signed a settlement agreement with Cox Communications (Cox) resolving IER’s reasonable cause finding that Cox posted over 100 job advertisements with unlawful citizenship status restrictions on a job recruiting platform operated by the Georgia Institute of Technology (Georgia Tech). Specifically, IER’s investigation found that Cox posted numerous job advertisements that unlawfully excluded workers granted asylum or refugee status, lawful permanent residents, and in one instance, U.S. citizens. The settlement requires Cox to pay $459,895 in civil penalties to the United States, train its recruiting staff on the INA’s anti-discrimination provision, and be subject to departmental monitoring. The agreement also prohibits Cox from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are legally required. This is the 31st settlement IER has reached with an employer that posted discriminatory advertisements on Georgia Tech’s recruiting platform.
Apple, Inc. (Citizenship Status) November 2023
On November 8, 2023, IER signed a settlement agreement with Apple to resolve IER’s determination that the company engaged in a pattern or practice of citizenship status discrimination against U.S. citizens, U.S. nationals, lawful permanent residents, and those granted asylum or refugee status in violation of 8 U.S.C. § 1324b(a)(1). IER’s investigation found that Apple violated the INA’s anti-discrimination requirements during Apple’s recruitment for positions falling under the permanent labor certification program (PERM). The investigation found that Apple did not advertise positions Apple sought to fill through the PERM program on its external job website, even though its standard practice was to post other job positions on this website. IER’s investigation also determined that Apple required all PERM position applicants to mail paper applications, even though the company permitted electronic applications for other positions. In some instances, Apple did not consider certain applications for PERM positions from Apple employees if those applications were submitted electronically, as opposed to being submitted by mail. Under the settlement, Apple is required to pay up to $25 million in backpay and civil penalties, $6.75 million in civil penalties and $18.25 million to establish a back pay fund for eligible discrimination victims. In addition, Apple will be required to conduct more expansive recruitment for all PERM positions, including posting PERM positions on its external job website, accepting electronic applications, and enabling applicants to PERM positions to be searchable in its applicant tracking system. Additionally, Apple will train its employees on the INA’s anti-discrimination requirements and be subject to departmental monitoring for the three-year period of the agreement.
Greene Kleen of South Florida, Inc. (Unfair Documentary Practices) September 2023
On September 28, 2023, IER signed a settlement agreement with Greene Kleen of South Florida, Inc. (Greene Kleen) to resolve IER’s reasonable cause finding that the company engaged in a pattern or practice of unfair documentary practices based on citizenship status against non-U.S. citizens, in violation of 8 U.S.C. § 1324b(a)(6). IER’s investigation found that Greene Kleen routinely required non-U.S. citizens who have permission to work in the U.S. to provide documentation that proved their particular immigration status while routinely allowing U.S. citizens to present acceptable documentation of their choice, regardless of whether that documentation proved their citizenship. The settlement agreement requires Greene Kleen to pay $140,000 in civil penalties to the United States, post notices informing its workers of their rights, train its administrative and managerial staff on proper procedure for verifying employees’ permission to work in the U.S., preserve information about job applicants, and undergo compliance monitoring by the Department.
Home and Body Company (Unfair Documentary Practices) September 2023
On September 28, 2023, IER secured a settlement agreement with Home and Body Company (Home and Body), to resolve its determination that Home and Body violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens when checking their permission to work in the United States. IER’s investigation determined that from at least Sept. 23, 2019, to Oct. 1, 2020, Home and Body routinely required lawful permanent residents to present a Permanent Resident Card when checking their permission to work, based on their citizenship or immigration status. The agreement requires Home and Body to pay $130,000 in civil penalties to the United States, train its personnel on the INA’s requirements, review its employment policies and be subject to monitoring by the department.
United Parcel Service, Inc. (Citizenship Status and Unfair Documentary Practices) September 2023
On September 21, 2023, IER signed a settlement agreement with United Parcel Service Inc. (UPS) resolving IER’s reasonable cause findings that UPS: (1) discriminated against an Injured Party who had lawful permanent resident (LPR) status, in violation of 8 U.S.C. § 1324b(a)(1)(B); (2) retaliated against the Injured Party by terminating his employment in violation of § 1324b(a)(5); and (3) implemented a pattern or practice of citizenship status discrimination in hiring, in violation of § 1324b(a)(1)(B). IER’s investigation found that UPS routinely rejected valid documentation from LPRs who were trying to fulfill the airport badging requirements at its facility at Logan Airport. IER’s investigation determined that UPS’s policies prevented the Injured Party from fully onboarding as a ramp agent. The investigation also found that when the Injured Party complained about UPS’s discrimination, the company fired him. IER’s investigation concluded that Logan Airport’s policies did not play any role in the discrimination, and that UPS was solely liable for the violations. The settlement with UPS requires the company to pay the Injured Party over $98,000, pay a civil penalty, train its HR employees, change its policies, and comply with reporting and monitoring requirements.
Link to full cases here!
Comments