IER Letters of Resolutions FY 2024

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 2024 (October 1, 2023 - September 30, 2024):

On October 10, 2023, IER issued a letter of resolution (LOR) dismissing a charge against a staffing company for potential unfair documentary practices and citizenship status discrimination. The charging party alleged Respondent did not provide an employment referral because the charging party was not a U.S. Citizen or a lawful permanent resident. Although IER’s investigation found insufficient evidence of a legal violation, IER identified problems with the company’s recruitment communication that could lead to legal violations. The company voluntarily committed to train its recruitment staff to avoid possible future violations of the Immigration and Nationality Act. (Pittsburgh, PA)

On December 4, 2023, IER issued a letter of resolution (LOR) dismissing a charge against a travel industry service provider for potential unfair documentary practices and citizenship status discrimination.   The charging party alleged Respondent terminated his employment and refused to accept his valid documents during the reverification process. Although IER’s investigation found insufficient evidence of a legal violation, IER identified problems with the company’s employee eligibility verification process and communication that could lead to legal violations. The company voluntarily committed to train its recruitment staff to avoid possible future violations of the Immigration and Nationality Act. (Seattle, WA)

On December 4, 2023, IER issued a letter of resolution (“LOR”) dismissing an independent investigation of potential citizenship status discrimination in hiring by a landscaping company that utilized H-2B visas.  Although the investigation found insufficient evidence that the company engaged in citizenship status discrimination in violation of 8 USC § 1324b, the investigation identified deficiencies in the employer’s advertising and recruitment processes.  The letter of resolution memorialized the company’s commitment to comply with § 1324b, and have employees who recruit and post job advertisements attend an IER training. (Newport News, VA)

On December 14, 2023, IER issued a letter of resolution (“LOR”) dismissing a charge against a U.S.-based airline that alleged citizenship status discrimination in hiring. The charging party, a lawful permanent resident, applied for a job as a flight attendant but was turned away from her in-person interview because her permanent resident card (“PRC”) was set to expire in a few months and the company required travel documents with at least one year of future validity. A human resources representative told the charging party that she could only proceed to the in-person interview if she returned with confirmation from USCIS that her PRC was extended. While IER’s investigation did not find sufficient evidence to support a reasonable cause finding that the company discriminated against the charging party based on citizenship status, the investigation did reveal deficiencies in the company’s flight attendant hiring 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 designate a point of contact for travel document questions and ensure they stay up to date on policy changes and advisories affecting travel documents, and to modify policies and training materials to create safeguards to prevent future discrimination. (Fort Worth, TX)

On December 20, 2023, IER issued a letter of resolution (LOR) closing an independent investigation into potential unfair documentary practices based on citizenship status by a manufacturing company.  Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, the investigation identified deficiencies in the company’s employment eligibility verification process and its hiring policies. The company voluntarily committed to amend its policies and train its recruitment staff to avoid possible future violations of the Immigration and Nationality Act. (Jasper, IN)

On January 30, 2024, IER issued a letter of resolution (“LOR”) dismissing a worker’s charge alleging that a real estate investment and development company fired the worker based on citizenship status.  Respondent had reached a private agreement with Charging Party in September 2023, which included $10,827.00 in back pay and pension contributions. While IER’s investigation did not find sufficient evidence that the INA’s anti-discrimination provision was violated, it identified concerns with the company’s hiring and termination policies that, if not addressed, could lead to violations of 8 U.S.C. § 1324b. IER’s LOR memorializes the company’s unilateral commitments to update its policies to prohibit citizenship status discrimination, to draft an employee assignment and reassignment policy, and to have the company’s human resources and hiring officials attend an IER Employer webinar training. (Bethesda, MD)

On January 31, 2024, IER issued a letter of resolution dismissing a charge against a retailer for potential citizenship status discrimination and unfair documentary practices arising from the company’s refusal to onboard a lawful permanent resident (LPR) because of her documentation proving her authorization to work.  Days after the retailer received IER’s letter informing it that the LPR filed a charge, the company reinstated the charging party, accepted her document, and provided her $1250 of backpay.   The letter of resolution memorializes the retailer’s commitment to have its staff who are involved in the employment eligibility verification (EEV) process receive EEV training, comply with the rules and regulations surrounding the EEV processes, and emphasize that, whenever the staff does not recognize or has questions about a particular EEV document, the staff must first contact a specifically designated office before rejecting such document. (Brighton, CO)

On February 6, 2024, IER issued a letter of resolution (LOR) dismissing a charge that a non-profit organization committed hiring discrimination when it refused to continue considering an applicant for a job based on incorrect assumptions about her citizenship status and/or national origin. The Charging Party alleged that Respondent canceled her interview for an open position because they could not hire individuals located outside the United States. Respondent declined to proceed with the interview even after the Charging Party explained that she is located in the United States. Although IER’s investigation found that the employer employed fewer than four employees on the date of the alleged discrimination, and therefore lacks jurisdiction under 8 U.S.C 1324b(a)(2)(A), IER identified problems with the company’s hiring practices that could lead to legal violations. The company voluntarily committed to train its employees and revise its policies to avoid possible future violations of the Immigration and Nationality Act. (Phoenixville, PA)

On February 8, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a medical services provider for alleged unfair documentary practices and citizenship status discrimination. The charging party claimed that Respondent withdrew a job offer after rejecting valid documents and demanding a specific document during the EEV process. Although IER’s investigation found insufficient evidence of a legal violation, IER identified problems with the company’s employment eligibility verification process that could lead to legal violations. The company voluntarily committed to train its human resources staff to avoid possible future violations of the Immigration and Nationality Act. (Hopkinton, MA)

On February 9, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a wholesale retail company involving allegations of unfair documentary practices and citizenship status discrimination.   The charging party alleged Respondent requested a specific document for employment reverification purposes because of his immigration status. Although IER’s investigation found insufficient evidence of a legal violation, IER identified problems with the company’s reverification communication with employees that could lead to legal violations. The company voluntarily committed to have its human resources staff view an IER Webinar to avoid possible future violations of the Immigration and Nationality Act. (Saipan, MP)

On March 1, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a county in California for potential citizenship status discrimination and unfair documentary practices arising from the county’s termination of a lawful permanent resident (LPR) who possess a valid Resident Alien card issued in 1989 after its contracted agent rejected the document. Days after the county received IER’s letter informing it that the LPR had filed a charge, the county offered to reinstate the charging party.  The County later voluntarily gave the charging party $8,840 in backpay. Although there was insufficient evidence that the county’s actions violated the INA’s anti-discrimination provision, IER’s investigation identified deficiencies in the County’s E-Verify processes.  The LOR memorialized the county’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 that process. The LOR memorialized the county’s agreement to send a letter to its contracted third-party E-Verify agent describing the agent’s incorrect handling of the charging party’s situation, attaching a copy of the relevant E-Verify MOU, and requesting that, in accordance with the MOU’s provisions for employer agents, it comply with E-Verify procedures. (Concord, CA)

On March 1, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a staffing agency. The charge alleged that the company discriminated against the worker by rejecting a validly extended Employment Authorization Document (EAD) the worker had presented and failing to refer the worker for a job opportunity, based on the worker’s immigration status. Respondent reached a private agreement with the worker which included compensation for one month of lost wages. While IER did not find that the company had engaged in discrimination under the anti-discrimination provision of the INA, IER identified concerns about the company’s practices that could lead to legal violations. The company voluntarily agreed to accept EADs that have been extended by Federal Register Notice, ensure all employees involved in hiring and onboarding, including the employment eligibility verification process, attend a free online IER webinar employer training within 60 days, and incorporate information about EAD extensions into the company’s I-9 training manual. (Philadelphia, PA)

On March 26, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a technology company involving an allegation of citizenship status discrimination.   The charging party alleged Respondent did not hire him due to his citizenship status. Although IER’s investigation found insufficient evidence of a legal violation with respect to the Charging Party, IER identified problems with one of the company’s application questions that could lead to legal violations. The company voluntarily committed to have its human resources staff review an IER flyer and removed the question from the application to avoid possible future violations of the Immigration and Nationality Act. (Sunnyvale, CA)

On April 3, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a technology services company. The charge alleged that the company discriminated against an independent contractor by requesting specific documents from the worker, rejecting a validly extended Employment Authorization Document (EAD) the worker had presented, and suspending the worker, based on the worker’s immigration status. IER’s investigation found that Respondent’s document requests and rejection were made during the company’s Social Security Number verification process. Although IER did not find that the company had engaged in discrimination under the anti-discrimination provision of the INA, IER identified problems with the company’s practices that could lead to legal violations. The company voluntarily agreed to ensure employees involved in reviewing documents attend IER’s employer training, check USCIS’ website for information about EAD extensions on a regular basis, and allow workers to present their choice of documents from the Form I-9 List of Acceptable Documents. (San Francisco, CA)

On April 12, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a financial institution for a potential unfair documentary practice and termination based on citizenship and/or national origin. The charging party, a lawful permanent resident, alleged that the company terminated his employment after it refused to accept his valid documents even after a physical document inspection. While Respondent reached a private agreement with charging party in August 2023, which included $3,000 in back pay, IER’s investigation identified inconsistencies in Respondent’s implementation of its Form I-9 obligations which negatively impacted charging party in this matter. The company voluntarily committed to train its human resources staff and review its policies and training materials related to employment eligibility verification to avoid possible future violations of the Immigration and Nationality Act. (Honolulu, HI)

On April 25, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a nursery for a potential unfair documentary practice against an employee. The charging party alleged the respondent terminated the worker’s employment for questioning respondent’s Form I-9 document requests. Although IER’s investigation found insufficient evidence of a legal violation, IER identified problems with the company’s document request 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 commitments to ensure that its managers responsible for hiring are trained and aware of the anti-discrimination provision of the Immigration and Nationality Act by viewing an IER Webinar and reviewing IER HOW EMPLOYERS CAN AVOID DISCRIMINATION IN THE FORM I-9 AND E-VERIFY PROCESSES. (Flower Mound, TX)

On May 16, 2024, IER issued a letter of resolution (“LOR”) dismissing a charge against a sanitation company for a possible unfair documentary practice based on citizenship status and/or national origin.  IER’s investigation revealed that the company’s onboarding staff rejected a U.S. citizen’s driver’s license based on a second-level review of a scanned copy and its mistaken belief that the lack of certain security features made it unacceptable for the Form I-9.  Although there was insufficient evidence of a clear statutory violation, the company’s second-level review practices and procedures, if not modified, could lead to legal violations.  The LOR memorializes the company’s voluntary offer to reinstate the Charging Party with full back pay ($8,344 plus interest) and its unilateral commitments to:  (1) modify its second-level review procedures to avoid rejecting documents based only on scanned copies by instead allowing in-person or video review, and avoid exclusively relying on the employer’s identification guide as a comprehensive authority on acceptable Form I-9 documents; and (2) ensure that human resources and compliance team members responsible for the second-level review of documents to verify work permission attend a free online IER webinar employer training on the Immigration and Nationality Act’s anti-discrimination provision. (Kieler, WI)

On June 11, 2024, IER issued a letter of resolution (LOR) closing an independent investigation into potential citizenship status discrimination by a recruiting company. Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, IER’s investigation identified deficiencies in the company’s efforts to confirm the legitimate basis for citizenship-related hiring restrictions. The LOR memorializes the company’s voluntary commitment to ensure that any hiring restrictions relating to citizenship status are legitimately necessary to comply with a law, regulation, executive order, or government contract; and further to ensure that certain of the company’s employees review IER’s resources regarding best practices for avoiding discrimination based on citizenship status. (Bellevue, WA)

On June 11, 2024, IER issued a letter of resolution (LOR) dismissing a charge against a biotech company for a potential unfair documentary practice arising from the company’s withdrawal of an employment offer and refusal to hire a Temporary Protected Status (TPS) recipient with a valid work authorization document that had been automatically extended. The company had consulted outside counsel about the TPS recipient’s work authorization documentation but received erroneous advice from counsel. After receiving notice of the charge and retaining different counsel, the company paid the TPS recipient $25,000 through a private bilateral agreement and the TPS recipient found alternative employment.  Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, IER’s investigation identified deficiencies in the company’s onboarding process. The LOR memorialized the company’s commitment to have its staff who are involved in the employment eligibility verification (EEV) process attend an IER webinar and use several educational resources providing guidance on the EEV process. (Natick, MA)

On June 21, 2024, IER issued a letter of resolution (LOR) closing an investigation into alleged citizenship status discrimination made against a transport and delivery company. Although there was insufficient evidence that the company’s actions violated the INA’s anti-discrimination provision, IER’s investigation identified issues with the company’s policies and practices that, if left unaddressed, could lead to statutory violations. The LOR memorializes the company’s voluntary commitment to cease requiring job applicants to demonstrate that they have resided in the United States for a specific period of time prior to seeking employment with the company. The company also voluntarily committed to ensure that certain of the company’s employees review IER’s resources regarding best practices for avoiding discrimination. (Houston, TX)

On July 10, 2024, IER issued a letter of resolution (LOR) dismissing an independent investigation of an IT services company for possible citizenship status discrimination.  IER dismissed the investigation, but did find deficiencies with the company’s recruitment process, which could lead to violations of the INA’s anti-discrimination provision. The LOR memorializes the employer’s unilateral commitments to train its recruiters and provide them with additional resources to avoid citizenship status discrimination. (Troy, MI)