OSC Letters Of Resolution For FY2015

OSC issued letters of resolution to U.S. employers who voluntarily entered into bi-lateral and unilateral settlement agreements with the charging parties resolving discrimination charges.  Letters of resolution were also issued to conclude independent investigations where the employer has voluntarily corrected its practices and no victims were identified.

The following are summaries of letters of resolutions issued in fiscal year 2015 (October 1, 2014 - September 30, 2015):

On October 8, 2014, OSC issued a letter of resolution following its investigation of a home care agency in New York City. The investigation was based on a referral from USCIS indicating that the company may be discriminating in the employment eligibility verification process. The investigation developed evidence suggesting possible deficiencies in the company's documentary practices as well as issues concerning its E-Verify and SSNVS use. The company's employees responsible for formulating and/or carrying out the company's employment eligibility verification and reverification policies will be trained by OSC. (Brooklyn, NY)

On October 14, 2014, OSC issued a letter of resolution following its investigation of document abuse. In the letter of resolution, Respondent confirmed that it entered into a bilateral agreement with the Charging Party, including (1) paying the Charging Party a total of $30,701.37 in back-pay and front pay; and (2) amending the Charging Party's personnel documents to note that she had resigned her position. Separately, Respondent also committed to OSC that it will require appropriate company personnel to: (1) attend an OSC sponsored webinar training; (2) be in possession of the most recent version of USCIS's Employer Handbook (M-274); and (3) utilize OSC's employer information hotline. (San Jose, CA)

On October 24, 2014, OSC issued a letter of resolution resolving a charge of discrimination filed by a lawful permanent resident alleging document abuse against a major retailer. The charge alleged that the company rejected the individual's valid machine-readable immigrant visa with an I-551 notation during the Form I-9 process and requested more or different documents before firing her. The company agreed to compensate the individual for back pay in the amount of $5,700. The individual did not want reinstatement. (Maple Grove, MN)

On November 25, 2014, OSC issued a letter of resolution to resolve a claim of citizenship status discrimination in hiring. OSC issued the letter of resolution based on commitments and unilateral actions the company has already taken or has committed to take in the future to ensure compliance with the antidiscrimination requirements of 8 U.S.C. § 1324b, including revising its recruiting policies and procedures to ensure that job postings will not express a citizenship status preference. The company has also committed to having its personnel trained by OSC staff. (Baltimore, MD)

On December 12, 2014, OSC issued a letter of resolution following its investigation. The investigation revealed several problems with the company's application and employment verification process. Among other things, Respondent agreed that its human resources staff would participate in an OSC training program and that it would remove from its electronic application process the question that asks applicants, "What's your citizenship/employment eligibility?" (Midlothian, VA)

On December 15, 2014, OSC issued a letter of resolution following its investigation of a company. The letter was issued due to a bilateral agreement between the Charging Party and the Respondent in which the Respondent agreed to pay $7,921 dollars in back pay to the Charging Party. (Las Vegas, NV)

On December 16, 2014, OSC issued a letter of resolution to resolve a claim of citizenship status discrimination in hiring. OSC issued the letter of resolution based on commitments and unilateral actions the company has taken or has committed to take in the future to ensure compliance with the antidiscrimination requirements of 8 U.S.C. § 1324b. The company also agreed to provide back pay and other monetary compensation in the amount of $7,860 to the charging party, and have its human resource personnel participate in webinar training provided by I-9 Central, E-Verify and OSC. (Ponca City, OK)

On December 24, 2014, OSC issued a letter of resolution resolving an independent investigation of an alleged pattern or practice of document abuse against a restaurant franchise. The investigation was initiated based on a hotline call in which a lawful permanent resident (LPR) was suspended from work after his Permanent Resident Card (PRC) expired and a company computer system did not allow the individual to be scheduled for work until a new PRC expiration date was entered into the system. The restaurant admitted that it had been reverifying the PRCs of its LPR employees, but that this practice stopped after OSC contacted the company through the hotline call and the suspended employee was reinstated with back pay. In addition, the computer system used by the franchise that prevented the employee from being scheduled to work was designed by its corporate entity, but the restaurant did not receive guidance from corporate headquarters on how to use the PRC expiration date field in the system. The restaurant immediately trained its mangers on proper reverification procedures and eliminated all PRC expiration dates from the computer system. The company will manually keep track of those documents that require reverification. (New York, NY)

On January 7, 2015, OSC issued a letter of resolution resolving a complete charge of discrimination. The charge alleged that a retail store delayed the start date of a work-authorized employee after the receipt of an E-Verify TNC for the individual. The store allowed the employee to work only after the TNC was resolved - a violation of E-Verify regulations. As part of the resolution of the charge, the store agreed to pay back pay to the employee for the delayed start, will participate in an OSC-sponsored webinar training, and will comply with proper E-Verify procedures. (Los Angeles, CA)

On January 12, 2015, OSC issued a letter of resolution following its investigation of a company. The investigation revealed that Respondent was improperly requiring each newly-hired worker in California to secure an attestation from a notary stating that the notary had inspected the documents presented by the worker for the Form I-9. Copies of the worker's documents were then sent to the Respondent in New Jersey, who would complete Section 2 of the Form I-9, without ever having met the worker in person – a violation of E-Verify rules. Through the letter of resolution, Respondent agreed to review its policy with respect to notary attestation and ensure that it is in compliance with guidance provided by USCIS, participate in an OSC employer webinar, and seek assistance from OSC via the hotline. (Upper Saddle, NJ)

On February 4, 2015, OSC issued a letter of resolution following its investigation of a company's treatment of the Charging Party, who was separated from her employment after less than two weeks. The investigation revealed that the Charging Party had multiple disagreements with her employer about different human resources procedures, some of which involved other statutes. The last disagreement was about Respondent's routine practice of requesting social security cards from new hires. The Charging Party thought the Social Security cards were being requested to complete the Form I-9, but Respondent indicated that they were requested for tax reporting purposes. Respondent agreed to pay the Charging Party $4,842 in back pay and attend an OSC educational webinar. (Robstown, TX)

On February 9, 2015, OSC issued a letter of resolution to resolve a charge of document abuse and retaliation. OSC issued the letter of resolution based on actions the employer has taken to strengthen its compliance with the anti-discrimination provision of the Immigration and Nationality Act. The employer will offer to pay the Charging Party $1,390 in back pay, amend its policies to prohibit document abuse and reverification of permanent resident cards, and undergo OSC training. (Fayetteville, GA)

On February 19, 2015, OSC issued a letter of resolution following its independent investigation of a staffing agency for potential document abuse. Respondent has agreed to have each of its human resources employees attend a webinar training on the anti-discrimination provision of the INA conducted by OSC. (Patterson, NJ)

On March 4, 2015, OSC issued a letter of resolution following its investigation of a company. When the Charging Party was hired, she initially indicated that she was a non-citizen national on the Form I-9. She later indicated she was a U.S. citizen. Subsequently, she admitted that she was a Lawful Permanent Resident. Because of 1) the unique nature of the documents that the Charging Party produced, 2) errors she and Respondent made during the employment eligibility verification process, and 3) inaccurate information Respondent received from USCIS, she was discharged. After OSC began investigating and the inaccurate information was corrected, Respondent agreed to provide $5,184 in back pay to the Charging Party and reinstate her. (Garden City, NY)

On March 18, 2015, OSC issued a letter of resolution following its investigation of a company. The Charging Party, an LPR, was not hired as a non-commissioned security guard after being unable to produce a Permanent Resident Card. The Charging Party, however, did provide his foreign passport with a temporary I-551 stamp. The Respondent's refusal to accept the Charging Party's EAD was based on the Texas Department of Public Safety's licensing requirements which explicitly require a permanent resident card as a prerequisite to being issued a license as a non-commissioned security guard. During the investigation, the Texas Department of Public Safety voluntarily clarified its licensing requirement to permit applicants to submit a foreign passport with a temporary I-551 stamp. During OSC's investigation, the Respondent agreed to accept the Charging Party's foreign passport with a temporary I-551 and consider him for employment. The Respondent further agreed not to retaliate against the Charging Party and to sign up and complete an OSC webinar. (Houston, TX)

On March 18, 2015, OSC issued a letter of resolution following its independent investigation of a company. OSC initiated the investigation based upon a referral from E-Verify because it appeared that the company was discriminating against noncitizens in the employment eligibility verification process by requiring them to produce List A documents. To resolve the investigation, Respondent agreed to have each of its human resources employees attend a webinar training on the anti-discrimination provision of the INA conducted by OSC. (Cincinnati, OH)

On March 19, 2015, OSC issued a letter of resolution resolving the Charging Party's allegation of document abuse. The Charging Party, a refugee, was terminated from his IT job because he could not present an unexpired EAD for Form I-9 reverification purposes. The Charging Party informed the employer that he was not required to produce a new EAD but could present any document from List C such as his Social Security Card, but the employer incorrectly refused to accept anything but a new EAD card. As a result, the employer terminated the Charging Party. The resolution requires the Company to give the Charging Party back pay in the amount of $10,960. (Austin, TX)

On March 19, 2015, OSC issued a letter of resolution resolving the Charging Party's allegation of document abuse. The Charging Party, a U.S. citizen, produced his U.S. Passport for the employment eligibility verification Form I-9. The employer required two identifications to be produced. The Charging Party informed the employer that he was not required to produce an additional document. As a result, the employer terminated the Charging Party. The resolution requires the Company to give the Charging party back pay in the amount of $1,847.40; attend a personalized OSC training on the Form I-9 process; and avail itself of OSC's Employer hotline. (Peoria, IL)

On March 31, 2015, OSC issued a letter of resolution following its investigation of a company. The Charging Party, an LPR, believed that Respondent had treated him unfairly and refused to hire him, including, inter alia, that Respondent had improperly requested specific documents of him on the basis of his citizenship status. Respondent agreed to take several remedial measures to avoid the occurrence or perception of document abuse or discrimination in future. These include removing potentially improper questions from its job application and removing language suggesting a requirement to provide specific documents for the Form I-9 from materials sent to its new hires and used in the new hire onboarding process. Respondent further agreed to have all staff involved in the hiring and employment eligibility verification processes attend an OSC webinar. (North Hollywood, CA)

On March 31, 2015, OSC issued a letter of resolution following its investigation of a company. Because the Charging Party entered her biographic information incorrectly on the Employment Eligibility Verification Form I-9 ("Form I-9"), she was presented with a Tentative Nonconfirmation ("TNC") notice. Although she was given an opportunity to review the information, she did not inform Respondent of the error until after it turned into a Final Nonconfirmation ("FNC"). When Respondent was made aware of the issue, it attempted to rectify the situation. Respondent and the Charging Party have entered into a bilateral resolution wherein the Charging Party received $1,500 in back pay. (Texarkana, AR)

On April 2, 2015, OSC issued a letter of resolution following its investigation of a company. The Charging Party alleged that she was terminated in retaliation for raising concerns regarding her employer's 1324a and 1324b compliance. To resolve the matter, OSC issued a letter of resolution memorializing Respondent's commitment to require all of its managers and human resource staff to attend an OSC educational webinar. (Hyattsville, MD)

On April 16, 2015, OSC issued a letter of resolution following its investigation of a company. The investigation revealed that the company conflated the Secure Identity Display Area ("SIDA") badging process and the employment eligibility verification process. Specifically, the investigation revealed that the HR staff complete Section 2 without any input from the employee. Instead, the company's HR staff would rely on photocopies of documents the employee provided for the SIDA badge process to complete Section 2. Per the Letter of Resolution, the company will revise its policies to ensure that the employment eligibility verification process is separate from the badging requirements. The company will also require all HR employees at all of its 12 locations to participate in an OSC-led training via webinar. (Jamaica, NY)

On April 28, 2015, OSC issued a letter of resolution following its investigation. When the Charging Party was initially hired, he was not authorized to work and used his father's identity. When he recently obtained work authorization, he notified his employer and was terminated (for dishonesty) for having presented a false identity when he was initially hired. Through a bilateral agreement to which OSC is not a party, Respondent agreed to provide $3,400 in back pay to the Charging Party and reinstate him. Respondent also agreed to attend an OSC educational webinar. (Chicago, IL)

On May 11, 2015, OSC issued a letter of resolution following its investigation. The Charging Party presented an older, though valid, version of her social security card for the Form I-9, she was rejected for employment. When Respondent was made aware of the issue, it attempted to rectify the situation. Respondent and the Charging Party have entered into a bilateral resolution wherein the Charging Party has received $1,000 in back pay. (Denver, CO)

On May 12, 2015, OSC issued a letter of resolution following its investigation of a company's treatment of the Charging Party, who was separated from her employment after receiving an erroneous E-Verify Final Non-Confirmation ("FNC"). Respondent has made the Charging Party whole with reinstatement and $9,000 in back pay. Respondent has also agreed to attend an educational webinar. (Tracy, CA)

On May 27, 2015, OSC issued a letter of resolution to resolve its investigation of a charge alleging that a manager at a recently opened location of a national retail store improperly rejected the charging party’s valid work authorization documents and requested additional documents to establish her work authorization. The incident appears to have resulted from a miscommunication based on the temporary unavailability of a computer at the new store location. During OSC’s investigation, the employer reinstated the charging party with $500 in back pay. The employer has agreed to participate in OSC training regarding its obligations under 8 U.S.C. § 1324b. (Fort Smith, AR)

On June 11, 2015, OSC issued a letter of resolution to resolve its investigation of a charge alleging that an Employer violated 8 U.S.C. § 1324b when it terminated an employee pursuant to its honesty policy. The Employee was terminated after she provided her Employer with an EAD she received after being granted DACA. During OSC’s investigation, the Employer and employee entered into a settlement agreement. Under the terms of the parties’ agreement, the Employer agreed to reinstate the affected employee, pay the employee $5,000 in monetary relief, and revise its honesty policy to not apply to employees who regularize their employment records. Moreover, the Employer has agreed to participate in OSC training regarding its obligations under 8 U.S.C. § 1324b. (Wilsonville, OR)

On June 11, 2015, OSC issued a letter of resolution to resolve its investigation of a charge alleging that a farm labor contractor violated 8 U.S.C. § 1324b by requiring U.S. workers to complete a Form I-9 and submit to E-Verify before an employment offer was made, but not requiring the same to its H-2A workers. The Employer has agreed to immediately rescind its policy and stop its practice. The farm labor contractor further agreed to sign up and complete an OSC webinar. (Labelle, FL)

On July 7, 2015, OSC issued a letter of resolution following its investigation of an electric company. The Charging Party alleged, inter alia, that a superintendant asked him for certain documents to complete the Form I-9, that a subsequent TNC was mishandled and resulted in a verbal reprimand, and that he was laid off as an act of retaliation. The Respondent agreed to take several remedial measures to address flaws in its I-9 and E-Verify practices that were uncovered during the investigation. These measures include: eliminating requests for specific documents; training staff on proper use of the I-9 and E-Verify (including, in particular, TNCs); and enrolling all staff involved in the hiring and employment eligibility verification processes in an OSC webinar. (Los Angeles, CA)

On July 9, 2015, OSC issued a letter of resolution following its investigation of a restaurant. The Charging Party is a TPS beneficiary who alleged that the restaurant where he worked suspended him when his EAD expired, despite his explanation that the EAD had been automatically extended, and sought back pay for the time he missed work. The company paid the worker full back pay and the investigation found that the company notifies its restaurants when an employee’s EAD has been automatically extended and that while the Charging Party’s restaurant did not follow the Company’s instructions, no other workers at the restaurant were affected. (Alexandria, VA)

On July 13, 2015, OSC issued a letter of resolution following an independent investigation which was initiated as a result of a hotline caller who alleged document abuse during the employment eligibility re-verification process. The caller alleged that the Company sought to reverify her employment eligibility status when her PRC expired by demanding she bring in a new card. Through its investigation, OSC learned that the incident was isolated, and resulted from the Company’s preparation for an upcoming audit, which included a review of required employee documentation, personnel files, and required licenses. OSC’s investigation revealed that the Company was in the practice of using Form I-9 data to track expiring driver’s licenses, resulting in requests for additional documents not related to the Form I-9 process. The employer has agreed to participate in an OSC training regarding its obligations under 8 U.S.C. § 1324b. (Woburn, MA)

On July 23, 2015, OSC issued a letter of resolution following its investigation of a company that provides a forum for individuals to offer and seek services. The Charging Party alleged that Respondent unlawfully identified U.S. Citizenship as a requirement in order to register to offer services on Respondent’s web and app interface. The investigation made clear that citizenship or immigration status were not actually used to screen candidates. During the course of the investigation, Respondent identified and eliminated references to a citizenship/immigration status on its website and in its application process. In consideration of these efforts and the company’s commitment to identify and eliminate any references to a requirement or preference on the basis of citizenship or immigration status, OSC issued a dismissal. (San Francisco, CA)

On September 1, 2015, OSC issued a letter of resolution to a communtiy college two weeks after a charge was brought. The charge alleged document abuse against a DACA recipient. The letter of resolution was issued because the college offered to reinstate but the Charging Party refused the offer. The college gave him back pay for the period of time when the Charging Party missed work from August 9 to August 24, 2015. The college has committed that all individuals involved in hiring, recruiting, and completing the Form I-9/employment eligibility verification will be made aware of OSC’s employer hotline and publications for employers, and will complete an OSC-sponsored webinar training, which will discuss an employer’s nondiscrimination obligations under the anti-discrimination provision of the INA, 8 U.S.C. § 1324b. (Farmers Branch, TX)

On September 4, 2015, OSC issued a letter of resolution to a company to resolve the charging party’s allegations that it required her to present an unexpired permanent resident card despite presenting other documents acceptable for employment eligibility verification. The letter of resolution was issued because the company committed to offering reinstatement with full back pay to the Charging Party. The company also committed to requiring that all individuals involved in hiring, recruiting, and completing the Form I-9/employment eligibility verification complete training presented by its counsel, which will discuss an employer’s nondiscrimination obligations under the anti-discrimination provision of the INA. (Gardena,CA)

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