Beauty Smart (National Origin) February 2010. On December 3, 2012, the Department of Justice issued a press release announcing a settlement with ComForcare In-Home Care & Senior Services (ComForcare) a small home care provider based in Tigard, Oregon. Discrimination Retaliation Lawsuits Settlements 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. IERs investigation determined that the company terminated the high-performing Mexican-American employee based on her coworkers discriminatory bias. Clifford Chance US LLP (Citizenship Status) August 2018. In addition to requiring the four employers to pay civil penalties totaling $832,944, and each must undergo training and change its recruiting practices to avoid future discriminatory postings. On May 9, 2019, the Division filed a complaint with the Office of the Chief Administrative Hearing Officer against Chancery Staffing Solutions LLC, a temporary staffing agency, alleging that the company is responsible for a pattern or practice of citizenship status discrimination in violation of 8 U.S.C. The settlement requires General Motors to pay $365,000 in civil penalties, undergo training, enhance its procedures to promote compliance with the INAs anti-discrimination provisionincluding while conducting export control assessments under different lawsand undergo reporting and monitoring requirements. R-Tronics restricted employment to U.S. citizens, despite the fact that no law, regulation, executive order, or government contract required the limitation. On January 19, 2016, the Division signed a settlement agreement with Freedom Home Care and the Charging Party resolving an allegation of unfair documentary practices. When the foreman complained to company management about the hostile work environment, he was fired. IERs investigation concluded that Technology Hub excluded asylees, refugees and U.S. nationals when advertising certain vacancies for only U.S. citizens and lawful permanent residents. It can be challenging to separate circumstantial "unpleasantness" at work from being personally singled out and targeted by management with malicious intent. The settlement agreement provided for various remedies, including $27,750 in civil penalties, training, and monitoring. IERs investigation concluded that a company recruiter incorrectly told the electrician that the company only hired U.S. citizens. The Divisions investigation also found that Themesoft, Inc. requested that the same candidate produce a specific document to prove his citizenship status. Under the settlement agreement, Holliswood will pay $1,182 in back pay to the Charging Party, and $5,000 in civil penalties to the United States. United General Bakery (Unfair Documentary Practices) July 2019. 1324b(a)(6). With these claims, it is more important than ever for every workplace to implement an anti-retaliation trainingprogram. On May 17, 2022, IER signed a settlement agreement with Amtex System, Inc. (Amtex) to resolve IERs reasonable cause finding that the company discriminated against the Charging Party (a U.S. citizen), and other individuals, including two lawful permanent residents, in violation 8 U.S.C. The statute of limitations for submitting a retaliation claim with the EEOC is 180 days (the time window may be extended up to 300 days in several states). U.S. Service Industries (Unfair Documentary Practices) January 2015. The Divisions investigation found that Nebraska Beef required non-U.S. citizens, but not similarly-situated U.S. citizens, to produce specific documentary proof of their immigration status for the purpose of verifying their employment eligibility, in violation of 8 U.S.C. Here, protected activity means exercising one's legal right to lodge a formal complaint (or participate as a witness it its investigation) in instances of inappropriate/unsafe behaviors at the office (such as discrimination on the basis of protected traits such as race, gender, disability, sexual orientation, national origin, genetic information, etc.). Settlement Press Release Settlement Agreement Back Pay Survey, Adecco USA, Inc (Unfair Documentary Practices and Citizenship Status) December 2019. The investigation revealed that the City of Waterloo refused to consider the charging party's application on the basis of his status as a lawful permanent resident. Settlements According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. For some employees, the job benefits are tied to the sum of hours worked. Under the settlement agreement, the company will pay $40,600 to the United States, and conduct enhanced U.S. worker recruitment and advertising for future positions. IERs investigation also found that from at least July 1, 2019, until at least September 2021, General Motors maintained a policy that discriminated against lawful permanent residents in the hiring process based on their citizenship status, by requiring them to provide unnecessary documentation as a condition of employment. The settlement agreement provided for various remedies, including back pay for any injured parties, training, monitoring, and a civil penalty of $250,000.