OSC Letters Of Resolution For FY2014

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 2014 (October 1, 2013 - September 30, 2014):

On October 17, 2013, OSC issued two letters of resolution following its independent investigations of two farm labor contractors. OSC initiated the investigations based upon referrals from E-Verify due to the large percentage of non-citizens who presented "List A" documents on their Employment Eligibility Verification Form I-9s. Although review of Respondents' hiring practices revealed no evidence of discrimination, Respondents agreed to attend two webinar trainings: one on the anti-discrimination provision of the INA from OSC and one on the proper use of E-Verify from USCIS. Respondents also agreed to improve their internal human resources staff training and oversight. (Yuma, AZ)

On October 28, 2013, OSC issued a letter of resolution resolving an independent investigation of an alleged pattern or practice of document abuse against an Oklahoma staffing company. The letter of resolution acknowledges that, as part of the company's employment eligibility verification process, the company will refrain from requesting more or different documents from individuals based on citizenship status or national origin and will show individuals the list of the DHS-acceptable documents. Additionally, the company's human resources personnel will participate in an OSC-sponsored webinar to learn about their responsibilities under 8 U.S.C. § 1324b. (Oklahoma City, OK)

On November 14, 2013, OSC issued a letter of resolution resolving an independent investigation of an unlawful hiring preference for U.S. citizens by a records and information management provider. The letter of resolution acknowledges that the company will not recruit or hire workers based on their citizenship status and will not post discriminatory job advertisements requiring U.S. citizenship. Additionally, the company's human resources personnel will participate in an OSC-sponsored webinar to learn about their responsibilities under 8 U.S.C. § 1324b. (Lithia Springs, GA)

On November 18, 2013, OSC issued a letter of resolution resolving an independent investigation alleging an unlawful hiring preference for U.S. citizens by an automotive transportation company. The letter of resolution acknowledges that the company will not recruit or hire workers based on their citizenship status and will not post discriminatory job advertisements requiring U.S. citizenship. (Maryland Heights, MO)

On November 26, 2013, a letter of resolution was issued dismissing a charge alleging citizenship status discrimination and document abuse. The letter of resolution was based on the parties' commitment to separately resolve their dispute through the payment of back pay in the amount of $2,356, and the employer's separate unilateral actions and commitments to OSC involving training of HR personnel and changes to the employer's employment eligibility verification and record retention policies. (Las Cruces, NM)

On December 3, 2013, OSC issued a letter of resolution resolving an independent investigation of alleged job posting preference for U.S. citizens for a mulch blow truck crew member. The letter of resolution acknowledges that the company will not recruit or hire workers based on their citizenship status and will not post discriminatory job advertisements requiring U.S. citizenship. Additionally, the company's human resources personnel will participate in an OSC-sponsored webinar to learn about their obligations under 8 U.S.C. § 1324b. (Apex, NC)

On December 17, 2013, OSC issued a letter of resolution to resolve an independent investigation relating to job postings containing language restricting applicants to U.S. citizens and lawful permanent residents. The job postings were referred to OSC by the U.S. Equal Employment Opportunity Commission. As part of the letter of resolution, all employees responsible for the review and approval of job postings will receive training, the policies and procedures relating to the publication of job notices will be substantially revised, and a revised equal employment opportunity statement reflecting a commitment to nondiscrimination on the basis of citizenship status will be included in all future job postings. (New York, NY)

On December 20, 2013, OSC issued a letter of resolution following its investigation of a charge from a substitute teacher who had been incorrectly fired after receiving an E-Verify Tentative Non-Confirmation (TNC) and who was not paid for the days she worked. A review of Respondent's hiring practices revealed significant lack of training and deficiencies in Respondent's E-Verify process; however, OSC did not find reasonable cause. By the close of its investigation, Respondent had attended an OSC webinar to receive training on best practices, and had paid the worker for the work she already performed. Respondent also stated the worker would be placed back on the list of approved substitute teachers. (Smyrna, GA)

On December 20, 2013, OSC issued a letter of resolution to resolve a Division-initiated independent investigation relating to three separate job postings published in multiple jurisdictions containing language restricting applicants to U.S. citizens. Among other things, the letter of resolution was based on the company's commitments to ensure that all personnel involved in recruitment, hiring and the employment eligibility verification process will participate in Division-provided webinar instruction; to review and revise all relevant company hiring policies and procedures to ensure compliance with the anti-discrimination provision of the Immigration and Nationality Act, codified at 8 U.S.C. § 1324b; and to refrain from publishing similar vacancy announcements in the future that contain language suggesting an illegal hiring preference for U.S. citizens. (Houston, TX)

On January 6, 2014, OSC issued a letter of resolution resolving allegations that a company posted an online job advertisement limiting applicants to U.S. Citizens. Through the letter of resolution, the company agreed to cease posting discriminatory job advertisements and undergo OSC training. (Richmond, VA)

On January 27, 2014, OSC issued a letter of resolution following its independent investigation. The investigation was based on a job advertisement posting found online restricting applications for mover positions to U.S. citizens. The investigation revealed that the citizenship status requirement was not lawful. While the investigation did not identify economic victims, as a part of the resolution, Respondent agreed to remove all job advertisements requiring U.S. citizenship and not to discriminate in hiring based on citizenship status, monitor its job advertisements for potentially discriminatory language, and attend an OSC training webinar. (Woburn, MA)

On February 12, 2014, OSC issued a letter of resolution following its investigation of a laundering company used by hotels in the area. The investigation was based on a referral from USCIS indicating that the company may be discriminating in the employment eligibility verification process. Following the investigation, the company agreed to participate in an OSC-led training focusing on "best practices" to avoid discrimination in verifying employment eligibility and I-9 retention. The company is actively taking steps to ensure compliance with employment eligibility verification rules. (Miami, FL)

On February 28, 2014, OSC issued a letter of resolution resolving allegations that the company favored visa holders over the Charging Party, who is a naturalized U.S. citizen. The letter of resolution acknowledged the $51,750 settlement agreement entered into between the Charging Party and the company, to which OSC was not a party. (San Jose, CA)

On March 25, 2014, OSC issued a letter of resolution following its investigation based on a charge of wrongful termination filed by an asylee from Cameroon, in which he alleged that he was terminated for incorrectly identifying his citizenship status as a lawful permanent resident on the Employment Eligibility Verification Form ("I-9") and failing to produce his alien identification number. Following OSC's investigation, Respondent and the Charging Party entered into a settlement agreement that did not include OSC in which the Charging Party accepted $1,500 as back pay and requested dismissal of his charge. Respondent agreed to have its human resources personnel participate in an OSC training webinar. Because of the parties' settlement, OSC issued a letter of resolution. (Twinsburg, OH)

On March 25, 2014, OSC issued a letter of resolution following its independent investigation. The investigation was based on the publication of a job announcement online which required applicants to be U.S. citizens, in violation of 8 U.S.C. 1324b. Upon being informed of the violation, the company immediately deleted citizenship status as a job requirement. The company explained that the advertisement was copied from announcements placed by other companies on the website. No injured parties were identified. Respondent agreed to have its human resources personnel participate in an OSC training webinar. (Quincy, IL)

On March 27, 2014, OSC issued a letter of resolution following its investigation based on a charge filed by an employee whose Permanent Resident Card expired while on leave and was told not to return to work until she was able to produce a new Permanent Resident Card. The investigation revealed that the reverification of a permanent resident was an isolated incident. Following the investigation, the Company agreed to pay back pay to the employee and to distribute OSC's employer hotline number to all personnel who is responsible for completing the I-9 process including all supervisors and managers. The company is actively taking steps to ensure compliance with employment eligibility verification rules. (Philadelphia, PA)

On March 31, 2014, OSC issued a letter of resolution following its independent investigation based on the publication of a job announcement online which limited applicants to U.S. Citizens, in violation of 8 U.S.C. § 1324b. Upon being informed of the violation, the restaurant removed the citizenship status as a job requirement. No injured parties were identified during the investigation, and the restaurant agreed to modify its recruitment practices and have personnel with human resources duties participate in an OSC training webinar. (Scottsdale, AZ)

On April 2, 2014, OSC issued a letter of resolution dismissing an independent investigation alleging document abuse. This Office is dismissing the investigation pursuant to the company's actions resolving the issues identified as a result of our investigation. The company will pay back pay to two individuals in the amount of $4,030.72. (Millsboro, DE)

On April 15, 2014, OSC issued a letter of resolution following its investigation. The investigation revealed that due to an administrative oversight, the Charging Party was unable to successfully complete the pre-employment background check, done by a third party vendor. This third party vendor flagged her Social Security number as part of SSA randomization program. The employer requested that she fax a copy of her SS card to Respondent, and although she did so, its corporate office alleges that it never received it. As a result of the investigation, Respondent has changed its on-boarding process, eliminating this potential hurdle. It no longer requests that individuals subject to background checks fax their SS cards to its corporate office. In addition, Respondent has also offered to pay the Charging Party $2,030 in back pay. (Phoenix, AZ)

On April 30, 2014, OSC issued a letter of resolution following its independent investigation based on a job advertisement posting found online restricting applications for positions to U.S. citizens only. The investigation revealed that the citizenship status requirement was not lawful. While the evidence did not identify economic victims, as a part of the resolution, the Respondent agreed to not recruit or hire workers based on their citizenship status, remove all job advertisements requiring U.S. citizenship, monitor its job advertisements for potentially discriminatory language, and attend an OSC training webinar. (Cordova, TN)

On May 20, 2014, OSC issued a letter of resolution following its investigation. The investigation was based on a charge of wrongful termination filed by a conditional LPR who alleged that he was terminated after the company, while E-verifying its existing workforce to comply with a government contract requirement, misinformed the Charging Party ("CP") about how to resolve an employment eligibility verification issue. Based on this misinformation, the CP did not obtain and present supporting I-9 documents. During OSC's investigation, Respondent and the CP entered into a settlement agreement with his labor union's assistance, which did not include OSC, wherein the CP was reinstated to his position and seniority level, and CP requested dismissal of his charge. Respondent agreed to (1) have its human resources personnel participate in two live training sessions for its approximately 70 human resources employees, (2) secure the participation of the union membership in a live training, and (3) establish a clear and coherent written policy to address any future remediation issues involving the employment eligibility verification process. As a result of the parties' settlement and the company's agreement to participate in live training, OSC issued a letter of resolution. (Wood Dale, IL)

On May 28, 2014, OSC issued a letter of resolution following its investigation based on a charge of wrongful termination filed by a Haitian National with Temporary Protected Status, who alleged that she was terminated after the Respondent rejected her valid Employment Authorization Document ("EAD"). Although the Respondent eventually re-hired the Charging Party, she remained unemployed for several months. During OSC's investigation, the Respondent admitted that it had improperly rejected the Charging Party's EAD. In the Letter of Resolution, Respondent agrees to: (1) require all personnel involved in hiring, recruiting and preparing the Form I-9 to attend an OSC-sponsored webinar training session; and (2) draft, subject to OSC comment and approval, policies and procedures related to its employment eligibility verification process to ensure compliance with the anti-discrimination provision. Respondent has also offered the Charging Party $5,234.88 in back pay. (Jacksonville, FL)

On May 29, 2014, OSC issued a letter of resolution following its investigation based on a charge of document abuse filed by a Legal Permanent Resident ("LPR"). The Charging Party alleged that the Respondent sought to re-verify her employment eligibility authorization status by demanding that she produce a new legal permanent resident card ("green card") because the green card that she had used to complete her original Form I-9 was due to expire. During OSC's investigation, the Respondent admitted it had improperly sought to re-verify the Charging Party's employment eligibility authorization status. The investigation revealed that the Charging Party did not suffer any adverse employment action from the re-verification, and that her eventual termination was not connected to the re-verification issue, but rather to the Charging Party's poor job performance. Pursuant to the Letter of Resolution the Respondent has agreed to: (1) require its human resources personnel to participate in an OSC-sponsored webinar; and (2) review and revise, subject to OSC comment and approval, its policies and procedures related to its employment eligibility verification process. (Salt Lake City, UT)

On July 11, 2014, OSC issued a letter of resolution following its investigation of a temporary staffing agency. The investigation was based on a referral from USCIS, showing that nearly all non-U.S. citizens whom the company hired presented List A documents. OSC's investigation revealed that the company asked non-U.S. citizens who did not show a List A document to review the List of Acceptable documents to ensure they did not want to present a List A document, but ultimately allowed non-U.S. citizens to present List B and C documents. The investigation also revealed that the company ran non-U.S. citizens who showed List B and C documents through E-Verify as citizens. The company agreed to participate in an OSC-sponsored webinar. (Vancouver, WA)

On August 1, 2014, OSC issued a letter of resolution resolving an independent investigation of an allegation of citizenship status discrimination in hiring and recruiting against a California technology recruiting agency. The allegation stemmed from the company's posting of online job advertisements requiring U.S. citizenship or lawful permanent resident status. The letter of resolution acknowledges that the company removed the discriminatory language from its advertisements and will refrain from inserting unnecessary citizenship requirements in its future ads. (Irvine, CA)

On August 18, 2014, OSC issued a letter of resolution following its investigation of a large clothing retailer. The investigation was based on a charge filed by a lawful permanent resident after she was terminated. Following the investigation, the company agreed to reinstate the lawful permanent resident and provide her $1,639 in full backpay. The company is actively taking steps to ensure compliance with employment eligibility verification rules. (Lyndhurst, NJ)

On August 25, 2014, OSC issued a letter of resolution to a company to resolve 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. (Little Rock, AR)

On August 29, 2014, OSC issued a letter of resolution to a company resolving an independent investigation of an allegation of document abuse. The allegation stemmed from the company's request for limited and specific Form I-9 documents from job applicants and new hires. The letter of resolution acknowledges that the company revised its new hire forms to include a listing of all of the DHS-acceptable Form I-9 documents. (Kettering, MD)

On September 8, 2014, OSC issued a letter of resolution to a company resolving an independent investigation of an allegation of document abuse. The investigation was based on a referral from USCIS's Monitoring and Compliance branch indicating a high rate of TNC results obtained by the employer without the employer printing the TNCs. The investigation also revealed 100% List A documents being presented by non-citizens. OSC's investigation revealed that the TNC's were not being printed for non-citizens and citizens alike. Further investigation by OSC did not reveal an intent to discriminate on the basis of citizenship status in the employment eligibility verification process. The company agreed, among other things, to require all current E-verify users to re-take the tutorial and participate in an OSC sponsored webinar. The company also agreed to redraft their hiring policy and I-9 retention polices. (Dawsonville, GA)

On September 22, 2014, OSC issued a letter of resolution following its investigation of document abuse filed by a LPR. The Charging Party, a Canadian national, alleged that the Respondent, a public relations firm, sought to reverify her employment eligibility and demanded that she produce a new Permanent Resident Card because the card she had used to complete her original Form I-9 expired. Respondent terminated the Charging Party when she informed Respondent that her employment eligibility status did not expire, and that she did not need to present an updated immigration document. During OSC's investigation, Respondent admitted that it had improperly reverified the Charging Party's employment eligibility. In the Letter of Resolution, Respondent confirmed that it entered into a bi-lateral agreement with the Charging Party, including (1) paying the Charging Party a total of $36,353.62 in back-pay and front pay; (2) reimbursing the Charging Party for medical expenses; and (3) providing a positive letter of recommendation for the Charging Party. 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. (Dallas, TX)