IER LETTERS OF RESOLUTIONS FY 2023

IER 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 2023 (October 1, 2022 - September 30, 2023):

On October 5, 2022, IER issued a letter of resolution (“LOR”) closing an independent investigation into possible hiring discrimination by an IT company that had posted a job advertisement seeking candidates who held Optional Practical Training (OPT) status.  IER identified deficiencies in the company’s recruitment and hiring practices that could lead to statutory violations, and the company agreed to make a number of commitments to avoid possible future violations of 8 U.S.C. § 1324b.  The LOR memorializes the company’s unilateral commitments to ensure that it removes the job advertisement seeking candidates with OPT status; reviews its current hiring policies and employment eligibility verification activities to ensure they conform with the anti-discrimination requirements of 8 U.S.C. § 1324b; ensures that all individuals responsible for recruiting, referring, hiring and onboarding job candidates review the company’s policies of reviewing all advertisements before they are posted; and ensure that all individuals responsible for recruiting, referring, hiring and onboarding job candidates attend an IER Employer/HR Representative webinar. (Billerica, MA)

On October 6, 2022, IER issued a letter of resolution (“LOR”) dismissing a charge against an IT staffing company that alleged citizenship status discrimination in recruitment and hiring. The charging party applied for a position with the company in response to a job advertisement seeking candidates with H-1B visas or those seeking sponsorship for H-1B visas. While IER determined that there was insufficient evidence to clearly establish a violation of 8 U.S.C. § 1324b, its investigation did identify deficiencies in the company’s recruitment policies and practices that, if left unaddressed, could lead to statutory violations. The LOR memorializes the company’s unilateral commitments to prohibit discrimination on the basis of citizenship status, require their recruiters to attend an IER Employer webinar training, and review all job advertisements drafted by contract recruiters prior to posting. (Dover, NJ)

On October 6, 2022, IER issued a letter of resolution (“LOR”) dismissing a charge against a retail center alleging unfair documentary practices violating 8 U.S.C. § 1324b(a)(6) by improperly rejecting the charging party’s U.S. Passport and asking the charging party to return the following week with different documents to complete the Form I-9.  While IER’s investigation did not find sufficient evidence to support reasonable cause that the company discriminated against the charging party based on citizenship status or national origin, the investigation did reveal deficiencies in the company’s Form I-9 process that, if not addressed, could lead to actual or perceived violations of 8 U.S.C. § 1324b.  The LOR memorializes the company’s unilateral commitments to ensure that its policies comply with the anti-discrimination requirements of 8 U.S.C. § 1324b; ensures that all individuals responsible for completing the Form I-9 attend an IER Employer/HR Representative webinar; and maintain the most current versions of USCIS resources for proper employment eligibility verification procedures. (Prescott, AZ)

On October 14, 2022, IER issued a letter of resolution dismissing a charge against a manufacturer for potential citizenship status discrimination and unfair documentary practices arising from the company’s employment eligibility verification (EEV) process.  Specifically, a summer employee incorrectly accepted a restricted Social Security card while rejecting the Charging Party’s offer of her List A document.  Although there was insufficient evidence that the company engaged in citizenship status discrimination or unfair documentary practices, the investigation identified deficiencies in the Form I-9 processes.  The letter of resolution memorialized the company’s commitment to have its staff who recruit and complete Form I-9s attend an IER webinar and to comply with the rules and regulations surrounding all EEV processes. (New Paris, IN)

On October 20, 2022, IER issued a letter of resolution (“LOR”) closing an independent investigation into possible hiring discrimination by a cloud-based innovation management solutions company that used an incorrect ITAR hiring standard for a short period of time.  While IER’s investigation did not identify any protected individuals that were harmed by the company’s ITAR hiring policy, and did not find sufficient evidence to support a reasonable cause finding that the company had engaged in practices prohibited under 8 U.S.C. § 1324b(a)(1), the investigation did reveal deficiencies in the company’s recruitment process that, if not addressed, could lead to violations of 8 U.S.C. § 1324b.  The LOR memorializes the company’s immediate corrective actions it took to stop limiting hiring to only U.S citizens and Permanent residents for its contracts where ITAR/EAR regulations may apply.  IER also requested the company’s recruiters and hiring mangers review IER’s flyer “Information for Employers About Citizenship Status Discrimination.” (San Francisco, CA)

On October 26, 2022, IER issued a letter of resolution (“LOR”) dismissing an independent investigation of potential citizen status discrimination and unfair documentary practices by a Florida school district. The independent investigation arose from an individual charge of discrimination that was resolved through a private agreement to reinstate the charging party and pay her approximately $3,444 in lost wages. Ultimately, although there was insufficient evidence that the school district engaged in an unlawful pattern or practice of discrimination, IER’s investigation identified problems with the school district’s employment eligibility verification (“EEV”) policies and practices that, if left unaddressed, could lead to violations of 8 U.S.C. § 1324b. The LOR memorializes the school district’s unilateral commitments to update its EEV policies and training materials, revise its nondiscrimination policy to prohibit discrimination on the basis of citizenship status, and require relevant human resources employees to attend an IER Employer webinar training. (Naples, FL)

On October 26, 2022, IER issued a letter of resolution (“LOR”) closing two charge-based investigations into possible hiring discrimination by a staffing company that had posted a job advertisement seeking candidates with specific immigration statuses. While IER’s investigation did not find sufficient evidence to support a reasonable cause finding, the investigation revealed past conduct involving likely statutory violations and deficiencies in the company’s recruitment process that, if not addressed, could lead to violations of 8 U.S.C. § 1324b. The LOR memorializes the company’s unilateral commitments to refrain from listing specific citizenship or immigration statuses in job advertisements unless a citizenship status restriction on applicants is required by a law, regulation, executive order, or government contract; provide all current employees and third parties that hire or recruit on the employer’s behalf with training on topics and policies that may help avoid violations of 8 U.S.C. § 1324b; and ensure all individuals who are responsible for conducting training on, formulating, supervising, and/or carrying out recruiting, referring, hiring, firing, equal employment, and employment eligibility verification policies, attend a free online IER webinar employer training on the anti-discrimination provision of the Immigration and Nationality Act (“INA”). (California)

On November 14, 2022, IER issued a letter of resolution dismissing a charge against a homecare services company for potential citizenship status discrimination and unfair documentary practices arising from the company’s recruitment and hiring process.  Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, the investigation identified deficiencies in the recruitment processes.  The letter of resolution memorialized the company’s commitment to have its staff who recruit and complete Form I-9s attend an internal IER webinar and to comply with the rules and regulations surrounding all employment eligibility verification processes. (New York, NY)

On November 29, 2022, IER issued a letter of resolution dismissing a charge alleging that a fast-food restaurant franchise engaged in unfair documentary practices in violation of 8 U.S.C. § 1324b.  Although there was insufficient evidence to support a reasonable cause finding that the restaurant violated that law, the investigation identified deficiencies in the company’s employment eligibility verification policies and procedures that, if left unaddressed, could lead to violations of the INA’s anti-discriminatory provision.  The letter of resolution acknowledged the immediate corrective actions Respondent took to re-train the HR manager in charge of completing the Form I-9 and give the worker $274 in backpay for missed work due to the company’s delay in allowing her to start work.  The letter also reflects the company’s commitment to have its hiring mangers review IER’s flyer “How Employers can Avoid Discrimination in the Form I-9 and E-Verify Process” and provide IER’s Employer Hotline number to hiring managers responsible for the employment eligibility verification processes. (West Virginia)

On December 19, 2022, IER issued a letter of resolution (“LOR”) dismissing a charge-based investigation into possible unfair documentary practices when a clothing store chain automatically terminated an employee who produced her work authorization documentation on the day she needed to be reverified. While IER’s investigation did not find sufficient evidence to conclude there was a statutory violation, the investigation revealed errors in the company’s software systems that handle reverification and automatic terminations that, if not addressed, could lead to violations of 8 U.S.C. § 1324b. The LOR memorializes the company’s unilateral commitments to: 1) explore software changes to circumvent automatic terminations when individuals have already presented sufficient documents for reverification; and 2) ensure all individuals who are responsible for the store’s hiring, firing, equal employment, and employment eligibility verification practices and policies attend a free online IER webinar employer training on the Immigration and Nationality Act’s anti-discrimination provision, are trained on the interaction between the reverification process and the company’s software systems to ensure 8 U.S.C. § 1324b compliance, and familiarize themselves with USCIS’ Form I-9 and employment eligibility verification materials. (Dublin, CA)

On December 20, 2022, IER issued a letter of resolution (LOR) dismissing a charge against an IT consulting company for potential citizenship status discrimination in recruitment and hiring. The charging party applied for a position with the company in response to an advertisement on a job website that encouraged candidates with specific temporary visa statuses to apply.  IER identified deficiencies in the company’s recruitment and hiring practices that could lead to statutory violations, and the company agreed to make a number of commitments to avoid possible future violations of 8 U.S.C. § 1324b. The LOR memorializes the company’s commitment to refrain from posting advertisements that mention a specific citizenship or visa status, unless there is a valid reason under 8 U.S.C. § 1324b. The company also agreed to screen all advertisements posted by contractor recruiters and will attend an IER Employer webinar training. (Dublin, OH)

On January 10, 2023, IER issued a letter of resolution (LOR) dismissing a charge against an IT consulting company for potential citizenship status discrimination in recruitment and hiring. The charging party applied for a position with the company in response to an advertisement on a job website that encouraged candidates with specific temporary visa statuses to apply.  IER identified deficiencies in the company’s recruitment and hiring practices that could lead to statutory violations, and the company agreed to make a number of commitments to avoid possible future violations of 8 U.S.C. § 1324b. The LOR memorializes the company’s commitment to refrain from posting advertisements that mention a specific citizenship or visa status, unless there is a valid reason under 8 U.S.C. § 1324b. The company also agreed to screen all advertisements posted by contractor recruiters and will attend an IER Employer webinar training. (Fremont, CA)

On January 26, 2023, IER issued a letter of resolution dismissing a charge against a restaurant and restaurant management group alleging national origin discrimination, citizenship status discrimination, and unfair documentary practices under 8 U.S.C. § 1324b arising from the companies’ refusal to accept the documents of a conditional permanent resident. The worker withdrew her charge after reaching a private agreement with the companies in which they provided her full backpay of $2,000. Although there was insufficient evidence that the companies’ actions were in violation of the anti-discrimination provision of the INA, IER found several deficiencies in the companies’ hiring practices. The letter of resolution memorialized the companies’ commitment to have all staff involved in the employment eligibility verification and Form I-9 processes to complete an IER webinar and to comply with the rules and regulations regarding employment eligibility verification processes. (Florida)

On February 16, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge alleging retaliation and unfair documentary practices based on citizenship status and national origin against a retail store. The store had hired the charging party, a naturalized U.S. citizen, for a part-time position. The charge alleged that the store insisted that the charging party present a Social Security Card for the Form I-9, even though she had already presented an unexpired U.S. Passport. The store later contacted the charging party to apologize for its erroneous document request, but did not put her on the schedule, and after waiting for two weeks the charging party accepted a different job. While IER determined that there was insufficient evidence to clearly establish a violation of 8 U.S.C. § 1324b, its investigation did identify deficiencies in the store’s employment eligibility verification practices and procedures that, if left unaddressed, could lead to violations. The LOR memorializes the store’s unilateral commitments to prohibit discrimination based on citizenship status and national origin, to require its management and HR staff to attend an IER Employer webinar training, and to compensate the charging party for two weeks of missed work. (Miami, FL)

On February 17, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed against a company that provides telephone support outsourcing services.  After the company fired the charging party, who had temporary protected status, the worker filed a charge alleging that the company discriminated based on citizenship status discrimination, engaged in an unfair documentary practice, and retaliated in violation of the INA’s anti-discrimination provision.  During the investigation, the charging party and company reached a private settlement agreement regarding lost wages.  While IER’s investigation did not find sufficient evidence that the company engaged in the legal violations the charge alleged, IER did find deficiencies in the company’s hiring practices. The letter of resolution memorializes the company’s commitment to have all staff involved in the Form I-9 processes attend an IER training webinar and to ensure that its staff has access to online resources addressing employer’s legal obligations during the employment eligibility verification process. (Los Angeles, CA)

On February 21, 2023, IER issued a letter of resolution (“LOR”) closing an independent investigation into potential citizenship status discrimination by a research facility. IER investigated the employer after learning of job advertisements that were limited to U.S. citizens, citing—erroneously—the International Traffic and Arms Regulations (ITAR). Ultimately, and because the employer provided evidence that the hiring restrictions were authorized under a federal government contract, IER determined that the employer did not commit discrimination in hiring. The investigation, however, did reveal that the company’s problematic practices, if left unaddressed, could result in future violations of 8 U.S.C. § 1324b. The LOR memorializes the employer’s unilateral decision to train its employees by having their staff review IER educational materials. (Laurel, MD)

On March 7, 2023, IER issued a letter of resolution (“LOR”) and dismissed its investigation of a charge alleging that a fast food restaurant violated the INA’s anti-discrimination provision by engaging in an unfair documentary practice and then retaliating against the worker for seeking IER’s assistance in resolving the matter.  Although IER’s investigation did not find sufficient evidence to conclude that the restaurant discriminated or retaliated against the Charging Party in violation of the law, IER identified deficiencies in the restaurant’s use of E-Verify and handling of tentative non-confirmation (“TNC”) results that, if left unaddressed, could lead to violations of 8 U.S.C. § 1324b.  The LOR reflects the restaurant’s commitment to ensure that all managers involved in employment eligibility verification at the relevant receive training on the proper handling of TNCs and that the restaurant display IER’s poster in an area where employees gather or a common bulletin board. (Belton, MO)

On March 7, 2023, IER issued a letter of resolution dismissing two investigations against homecare service entities for potential citizenship status discrimination and unfair documentary practices arising from the entities’ hiring processes.  Although there was insufficient evidence that the entities’ actions violated the INA’s anti-discrimination provision, the investigations identified deficiencies in the hiring processes.  The letter of resolution memorialized the entities’ commitment to have its staff who are involved in the Form I-9 process attend an internal IER webinar and to make resources available to ensure compliance with the rules and regulations surrounding all employment eligibility verification processes. (Flushing, NY)

On March 14, 2023, IER issued a letter of resolution (LOR) dismissing a charge against an IT consulting company for potential citizenship status discrimination in recruitment and hiring. The charging party applied for a position with the company in response to an advertisement on a job website that encouraged candidates with specific temporary visa statuses to apply.  IER identified deficiencies in the company’s recruitment and hiring practices that could lead to statutory violations, and the company agreed to make a number of commitments to avoid possible future violations of 8 U.S.C. § 1324b. The LOR memorializes the company’s commitment to refrain from posting advertisements that mention a specific citizenship or visa status, unless there is a valid reason under 8 U.S.C. § 1324b. The company also agreed to screen all advertisements posted by contractor recruiters and will attend an IER Employer webinar training. (Providence, RI)

On March 28, 2023, IER issued a letter of resolution (“LOR”) closing an independent investigation into a package delivery company’s possible unfair documentary practices when it required work authorization documents during the company’s process for issuing badges to its independent contractors’ employees. IER initiated its investigation after receiving a complaint from one of the independent contractor’s employees who had been subjected to the practice. IER’s investigation did not find enough evidence to conclude that the company had violated the INA’s antidiscrimination provision, 8 U.S.C. 1324b.  However, IER’s investigation revealed that the company had a problematic policy of doing its own, secondary process for checking independent contractor employees’ work authorization, even though the independent contractors were already required verify their employee’s permission to work.  That policy, if not addressed, could lead to legal violations, but the company changed its policy during IER’s investigation. The LOR memorializes the company’s unilateral commitments to: 1) not reinstitute its past policy of requesting work authorization documents from employees of its independent contractors at any of its facilities nationwide; 2) not otherwise engage in an employment eligibility verification process for employees of its independent contractors; and, 3) ensure that all of its badging personnel have access to the M-274 Handbook for Employers. (Fairfield, CA)

On April 5, 2023, IER issued a letter of resolution (LOR) dismissing a charge against a staffing company for potential unfair documentary practices. Although IER’s independent investigation found insufficient evidence of a legal violation, IER identified problems with the company’s employment eligibility verification practices. The company voluntarily committed to train its human resources staff to avoid possible future violations of the Immigration and Nationality Act. (Dallas, TX)

On April 10, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed by an asylum applicant claiming that a staffing company rejected her facially expired Employment Authorization Document (“EAD”), although the worker had also presented an I-797 Notice of Action extending the EAD’s validity.  IER’s investigation did not find reasonable cause to believe the employer violated 8 U.S.C. § 1324b, but did find problems with the company’s employment eligibility verification process which could lead to violations of the INA’s anti-discrimination provision unless the company addresses them. The LOR memorializes the employer’s unilateral commitments to provide its Human Resources personnel with information about acceptable Form I-9 documents that may have a past expiration date and require them to participate in an IER training webinar. (Dalton, GA)

On April 19, 2023, IER issued a letter of resolution (LOR) dismissing a charge against a transport and delivery service contractor for potential citizenship status discrimination in hiring and unfair documentary practices.  IER identified deficiencies in the company’s training, recruitment, and hiring practices that could lead to statutory violations, and the company committed to make changes to avoid possible future violations of 8 U.S.C. § 1324b.  The LOR memorializes the company’s commitment to provide training materials related to avoiding discrimination in recruitment, referring, hiring, onboarding, and processing job candidates through the employment eligibility process to all new hires involved in those functions and to attend an IER Employer webinar training. (Livermore, CA)

On April 21, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed by an asylum applicant claiming that a business service provider rejected her facially expired Employment Authorization Document (“EAD”), although she had also presented an I-797 Notice of Action extending the EAD’s validity.  IER’s investigation did not find reasonable cause to believe the employer violated 8 U.S.C. § 1324b, but did find problems with the company’s employment eligibility verification process which could lead to violations of the INA’s anti-discrimination provision unless the company addresses them. The LOR memorializes the employer’s voluntary payment of $2,270 in backpay to the worker, and also its unilateral commitments to provide its Human Resources personnel with information about acceptable Form I-9 documents that may have a past expiration date, and to require them to participate in a training on the subject. (Houston, TX)

On April 24, 2023, IER issued a letter of resolution (LOR) dismissing a charge alleging that a manufactured homes designer and builder engaged in unfair documentary practices in violation of the Immigration and Nationality Act’s anti-discrimination provision.  Although IER’s investigation did not reveal evidence sufficient to determine that the company violated the law, IER identified problems with the company’s policies and procedures for verifying employees’ permission to work that, if not addressed, could lead to legal violations.  The LOR acknowledges the immediate, voluntary corrective actions Respondent took to give the affected worker $236.25 in backpay, create a policy for handling mismatched names on documents workers present to verify their for employment eligibility, and ensure hiring managers understand the new policy.  The LOR also reflects the company’s commitment to have its hiring managers review the Form I-9 process in USCIS’s Handbook for Employers (M-274) – particularly Section 13 addressing the proper handling of name mismatches on documents – and to provide IER’s Employer Hotline number to hiring managers with related responsibilities. (Riverside, CA)

On April 25, 2023, IER issued a letter of resolution dismissing a charge against a housing company for potential citizenship status discrimination and unfair documentary practices arising from the company’s refusal to hire a temporary protected status (TPS) recipient.  Days after the company received IER’s letter informing it that the TPS recipient filed a charge, the company reinstated the charging party and provided her two weeks ($1,600) of backpay.  Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, the investigation identified deficiencies in the E-Verify processes.  The letter of resolution memorializes the company’s commitment to have its staff who are involved in the employment eligibility verification (EEV) process attend an internal IER webinar and comply with the rules and regulations surrounding the EEV processes.(Scottsdale, AZ)

On April 25, 2023, IER issued a letter of resolution dismissing a charge against a housing company for potential citizenship status discrimination and unfair documentary practices arising from the company’s refusal to hire a temporary protected status (TPS) recipient.  Days after the company received IER’s letter informing it that the TPS recipient filed a charge, the company reinstated the charging party and provided her two weeks or $1,600 in backpay.  Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, the investigation identified deficiencies in the E-Verify processes.  The letter of resolution memorialized the company’s commitment to have its staff who are involved in the employment eligibility verification (EEV) process to attend an internal IER webinar and to comply with the rules and regulations surrounding the EEV processes. (Visalia, CA)

On April 27, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge alleging unfair documentary practices based on citizenship status against a law firm.  The charge arose from a lawful permanent resident who, upon initial hire, presented a permanent resident card, which the law firm attempted to reverify when it discovered that the document had expired, despite permanent resident cards not being subject to reverification.  The LOR memorializes the employer’s unilateral commitments to provide its human resources personnel with information and training regarding proper employment eligibility verification procedures. (Buffalo, NY)

On May 2, 2023, IER issued a letter of resolution (“LOR”) closing a charge-based investigation into a technology company’s possible hiring discrimination based on citizenship status. The company initially had refused to schedule an interview with an applicant because it believed the applicant was a lawful permanent resident. IER’s investigation did not find enough evidence to conclude that the company had violated the INA’s antidiscrimination provision, 8 U.S.C. 1324b. However, IER’s investigation revealed that the company had several staff members who believed that lawful permanent residents required sponsorship to be work authorized. This misconception, if not addressed, could lead to potential violations of 1324b. The LOR memorializes the company’s unilateral commitments to ensure all individuals who are responsible for the employer’s recruiting, hiring, firing, equal employment, and employment eligibility verification practices and policies: 1) attend a free online IER webinar employer training on the Immigration and Nationality Act’s anti-discrimination provision, 2) familiarize themselves with USCIS’ I-9 Central’s resources, and 3) maintain the most current version of the Form I-9 and M-274 Handbook for Employers. (Vancouver, WA)

On May 23, 2023, IER issued a letter of resolution (LOR) dismissing a charge alleging that a technology company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act’s anti-discrimination provision.  Although IER’s investigation did not reveal evidence sufficient to determine that the company violated the law, IER identified problems with the company’s policies and procedures for communicating its minimum qualification standards, and that, if not addressed, could lead to legal violations.  The LOR acknowledges the company’s commitment to refer to its minimum qualification standards without reference to the company’s use of the H1B visa program.  The LOR also reflects the company’s commitment to have its hiring managers and talent acquisition partners trained through review of IER’s materials regarding citizenship status discrimination. (Virginia)

On June 13, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge alleging that a consulting company discriminated based on citizenship status when its recruiter initially incorrectly told an applicant that the company was not hiring Lawful Permanent Residents, but then considered the applicant for the job.  Although there was insufficient evidence that the company did not hire the applicant based on his citizenship status, rather than other legitimate reasons, the investigation identified deficiencies in the company’s recruitment policies and procedures that, if left unaddressed, could lead to violations of the INA’s anti-discriminatory provision.  The letter of resolution outlines the company’s unilateral commitment to have recruiters attend a training on citizenship status discrimination and provide IER education materials to recruiters. (Connecticut)

On June 13, 2023, IER issued a letter of resolution dismissing a charge alleging that a technology company discriminated against a job applicant based on his citizenship status as a Lawful Permanent Resident, in violation of the INA’s anti-discrimination provision, after the company’s recruiter had incorrectly told the applicant the company was only hiring U.S. citizens.  IER’s investigation determined that the company ultimately considered the applicant for the job but did not hire him for other reasons. Although there was insufficient evidence to conclude that the applicant was not hired because of citizenship status, the investigation identified deficiencies in the company’s recruitment policies and procedures that, if left unaddressed, could lead to violations of the law.  The letter of resolution outlines the company’s unilateral commitment to change its application question about work authorization, have it recruiters attend a training on citizenship status discrimination, and provide IER educational materials to recruiters. (California)

On June 13, 2023, IER issued a letter of resolution (LOR) dismissing a charge against a pizza restaurant for potential unfair documentary practices on the basis of citizenship status. The charging party alleged that after he applied for a position, the restaurant rejected the document he had wanted to show to prove his permission to work and specifically asked to see a social security card. Although IER’s investigation found insufficient evidence of a legal violation, IER identified deficiencies in the company’s on-boarding process that could lead to legal violations.   The restaurant agreed to undertake certain voluntary actions to avoid possible future violations of the law, and the LOR reflects its commitment to ensure that its managers responsible for on-boarding are trained and aware of the anti-discrimination provision of the Immigration and Nationality Act. (Ft, Myers, FL)

On June 20, 2023, IER issued a letter of resolution (LOR) dismissing a charge against a technology company for potential discrimination based on citizenship status and national origin. The charging party alleged respondent advertised for job positions in a discriminatory manner when it encouraged only candidates with a specific visa type to apply. Although IER’s investigation found insufficient evidence of a legal violation, IER identified problems with the company’s advertising process that could lead to legal violations.   The company agreed to undertake certain voluntary actions to avoid possible future violations of the law, and the LOR reflects its commitment to ensure that its managers responsible for advertising are trained and aware of the anti-discrimination provision of the Immigration and Nationality Act. (Columbus, OH)

On July 11, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge a lawful permanent resident filed after his employer, a real estate investment trust, requested specific documents to confirm the worker’s continuing work authorization. Although IER’s investigation did not find reasonable cause to believe the employer violated 8 U.S.C. § 1324b, its investigation revealed that certain human resources staff lacked knowledge regarding the rules of the Form I-9, which, if left unaddressed, could lead to a violation of the INA’s anti-discrimination provision. The LOR memorializes the employer’s unilateral commitment to have HR personnel, including all managers and employees who have any role in making employment eligibility verification decisions, participate in an IER webinar, and to review and maintain access to resources related to the Form I-9. (San Mateo, CA)

On July 28, 2023, IER issued a letter of resolution dismissing the investigations of a staffing agency for potential unfair documentary practices arising from the company’s refusal to accept an automatically extended employment authorization document (EAD). The investigations identified problematic policies and practices that raise concerns about violations of the INA’s anti-discrimination provision. The letter of resolution memorializes the company’s voluntary payment of $5,120 in backpay to the worker, as well as its commitments and actions to train its staff and revise its policies related to the employment eligibility verification process. (Ohio)

On August 2, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed by a TPS beneficiary from Haiti claiming that a nursing facility rejected her facially expired Employment Authorization Document (“EAD”), even though it had been automatically extended based on a Federal Registrar notice.  IER’s investigation did not find reasonable cause to believe the employer violated 8 U.S.C. § 1324b, but did find problems with the company’s employment eligibility verification process which could lead to violations of the INA’s anti-discrimination provision unless the company addresses them. The LOR memorializes the employer’s unilateral commitments to provide its Human Resources personnel with information about acceptable Form I-9 documents that may have a past expiration date and require them to view an IER employer training. (Miami, FL)

On August 8, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed by a lawful permanent resident alleging that a nationwide fast-food chain violated the INA’s anti-discrimination provision by mishandling the process for verifying permission to work and terminating the worker based on citizenship status, then retaliating by refusing to rehire the worker at a different location.  IER’s investigation did not find sufficient evidence that potential mishandling of the worker’s tentative non-confirmation (TNC) result in E-verify had occurred within the requisite time period for filing a charge, or that the restaurant had retaliated by not employing the worker at another location, but found confusion among the restaurant’s managers regarding the proper handling of TNCs that could lead to future statutory violations if unaddressed.  The LOR memorializes the employer’s unilateral commitments to have its general manager and other leaders at the two involved restaurant locations participate in IER employer training, to maintain current versions of relevant USCIS documents and resources, and to familiarize themselves with I-9 Central. (Houston, TX)

On August 8, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed by an individual who was granted asylum, alleging that a nationwide fast-food chain engaged in an unfair documentary practice based on citizenship status, in violation of the INA’s anti-discrimination provision, when a manager rejected an I-94 as insufficient to establish ongoing work authorization and additionally requested a foreign passport.  When IER contacted the employer to attempt an intervention, at the worker’s s request, the restaurant immediately accepted the disputed document and reinstated the CP the same day. The charge also alleged that the restaurant’s subsequent termination of the worker was in retaliation for filing a charge with IER.  Although IER did not find reasonable cause to believe the termination was retaliatory, there was evidence that insufficient familiarity with certain types of work authorization documentation could lead to future violations if not addressed.  The LOR memorializes the employer’s unilateral commitments to have its general manager and other leaders at the restaurants within the region participate in IER employer training, maintain current versions of relevant USCIS documents and resources, and familiarize themselves with I-9 Central. (Oceanside, NY)

On August 15, 2023, IER issued a letter of resolution dismissing an investigation into a local governmental agency for potential hiring discrimination based on citizenship status. The investigation arose from a charge alleging that the employer had refused to hire an applicant who was qualified for a poll worker position, based on her status as a naturalized citizen.  The investigation identified problematic practices that raise concerns about violations of the INA’s anti-discrimination provision. The letter of resolution memorializes the agency’s voluntary payment of $2,431 in lost wages to the worker its commitment to train its staff on its obligations under the INA’s antidiscrimination provision. (Brownsville, TX)

On September 25, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge-based investigation into a hotel’s possible unfair documentary practice based on citizenship status. IER’s investigation revealed that the company’s onboarding staff believed the facially expired but automatically extended EAD a TPS holder presented was invalid for the Form I-9 without an accompanying I-797C receipt notice – as could have been the case for an EAD held by some non-U.S. citizens without TPS  – because it had never encountered that situation before.  Although there was insufficient evidence of a clear statutory violation, this misconception, if not addressed, could lead to potential violations of 1324b. The LOR memorializes the company’s voluntary reinstatement of the Charging Party with full back pay in the amount of $5,580 and unilateral commitments to ensure all individuals who are responsible for the employer’s recruiting, hiring, firing, equal employment, and employment eligibility verification practices and policies: 1) attend a free online IER webinar employer training on the Immigration and Nationality Act’s anti-discrimination provision, 2) maintain the most current version of the Form I-9 and M-274 Handbook for Employers, 3) familiarize themselves with USCIS’ I-9 Central’s resources, and 4) familiarize themselves with Section 5.3 of the M-274 and the corresponding section of I-9 Central concerning Automatic EAD Extensions of Temporary Protected Status beneficiaries and the relevant Federal Register Notices as well as the USCIS TPS webpage. (Palm Springs, CA)

On September 28, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge filed by a U.S. citizen claiming that a grocery store chain did not accept his Form FS-545, Certification of Birth Abroad issued by the U.S. Department of State.  IER dismissed the charge, but did find deficiencies with the company’s Form I-9 process at the store in question, which could lead to violations of the INA’s anti-discrimination provision. The LOR memorializes the employer’s unilateral commitments to train its Human Resources personnel at the store location on the Form I-9. In addition, the employer agreed to provide the worker with $1,000 in backpay. (Dallas, TX)