TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date the latest signature below, which date is referenced hereafter as the “Effective Date.” The term of the Agreement shall be two years following the Effective Date. 2. Respondent shall pay a civil penalty to the United States Treasury in the amount of $70,695 for the above-referenced unfair documentary practices. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructions. Respondent shall pay the monies discussed in this paragraph via the FedWire electronic fund transfer system, within ten days of receiving IER’s FedWire instructions. On the day of payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that the payment was made. 3. Paragraph 2 notwithstanding, IER shall not seek from Respondent any additional civil penalty for the pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) that are the subject of the Investigation, through the Effective Date. 4. Pursuant to 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, and employment eligibility verification and reverification processes (together, the “EEV” process), or intimidate, threaten, coerce, or retaliate against any person for participating in the Investigation or exercise of any right or privilege secured by 8 U.S.C. § 1324b. 5. Within 14 days of the Effective Date, Respondent shall post in its McAllen Texas, location, IER’s “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster): (a) in color; (b) measuring no smaller than 8.5” x 11”; (c) in all places where notices to employees and job applicants are normally posted; and (d) in English, Spanish, and any other available language that is the preferred language of Respondent’s employees, if that language is known. The IER Poster shall remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date. 6. Within 60 days of the Effective Date, Respondent will review any existing employment policies that relate to nondiscrimination based on legally protected traits or characteristics. Respondent will, as needed, revise or create policies to ensure that they: (a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin in the hiring and firing process, and during the Form I-9/E-Verify employment eligibility verification and reverification processes; (b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees; (c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and (d) Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge, or participating in any lawful manner in any IER investigation or action with XXX. 7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising or assisting such employees (collectively, “Human Resources Personnel”), can readily access: (a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and (b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx. 8. Within 90 days of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained regarding their obligations to comply with 8 U.S.C. § 1324b. (a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves; (b) Respondent will pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions; (c) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their full name, title, and the date of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates) within ten days of each training session; and (d) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotion. Respondents shall compile and send attendance records for these individuals pursuant to Paragraph 10(c). 9. Within 120 days of the Effective Date, Respondent shall provide all Human Resources Personnel with training that assesses their understanding of proper Form I-9 and E-Verify processes as follows: (a) Respondent shall require these individuals to answer 20 multiple choice measurement and assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resources, including but not limited to, the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questions. (b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment described in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates): i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selected; and ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions in Paragraph 9 of the Agreement. 10. Within 120 days of the Effective Date and to the extent Respondent continues to use electronic Form I-9 software, Respondent will modify, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date of the latest signature belowon the dually- signed Agreement, which date is referenced hereafter herein as the “Effective Date.” The “term of the Agreement this Agreement” shall be two three years following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the amount of $70,695 for the above-referenced unfair documentary practices6,362.
3. No later than five three calendar days after the Effective Date, Respondent shall give provide IER with the name name, title, email address, and contact information telephone number of the individual responsible for effectuating payment of the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructionscivil penalty. Respondent shall pay the monies discussed civil penalty referenced in this paragraph 2 via the FedWire electronic fund transfer system, system within ten 10 business days of receiving the Effective Date or receipt of fund transfer instructions from IER’s FedWire instructions, whichever is later. On the day of payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that send confirmation of the payment was made.
3to Xxxxxxx Xxxxxx (xxxxxxx.xxxxxx@xxxxx.xxx). Paragraph 2 notwithstandingThe email confirming payment shall have Respondent’s name and the investigation number, IER shall not seek from Respondent any additional civil penalty for the pattern or practice of unfair documentary practices DJ # 000-00-000 in violation of 8 U.S.C. § 1324b(a)(6) that are the subject of the Investigation, through the Effective Dateline.
4. Pursuant to 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, and or employment eligibility verification and reverification processes (together, the “EEV” EEV process”), or intimidate, threaten, coerce, or retaliate against any person for participating in the IER Investigation or exercise of exercising any right or privilege secured by 8 U.S.C. § 1324b.
5. Within 14 days Respondent shall remove, and shall not make in the future, any reference to the IER Charge, IER Investigation, or this Agreement in any employment-related records it created or retains regarding the Charging Party, and shall not disclose to any employer or prospective employer of the Effective DateCharging Party any information or documentation concerning the IER Charge, the IER Investigation, or this Agreement, unless required by law.
6. Respondent shall post in at its McAllen Texas, location, IER’s Sunrise at Fox Hill facility an English and Spanish version of the IER “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) ), in color;
(b) color and measuring no smaller than 8.5” x 11”;
(c) , an image of which is available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster, in all places where notices to employees and job applicants are normally posted; and
(d) . Respondent shall also post an electronic image of the poster, in Englisha readable or expandable size, Spanishusing the link above, on any website, intranet landing page, or similar portal where applicants or newly hired employees complete steps in Respondent’s hiring and onboarding processes for the Fox Hill facility. Respondent shall post the IER Posters no later than 14 calendar days after the Effective Date, and any other available language that is the preferred language of Respondent’s employees, if that language is known. The IER Poster shall posters will remain posted for at least the term of the this Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date.
67. Within 60 14 calendar days of the Effective Date, Respondent will review any existing employment policies that relate shall transmit via e-mail to nondiscrimination based on legally protected traits or characteristics. Respondent will, as needed, revise or create policies to ensure that they:
(a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin in the hiring all employees and firing process, and during the Form I-9/E-Verify employment eligibility verification and reverification processes;
(b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge, or participating in any lawful manner in any IER investigation or action agents with XXX.
7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising onboarding new hires or assisting such employees reverifying employment eligibility for the Sunrise at Fox Hill facility (collectively, “Human Resources EEV Personnel”), can readily access:
(a) the most current version of IER How to Avoid Discrimination in the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS Form I-9 and E-Verify Manual Processes August 2023 (M-775xxxxxxx.xxx) and “If You Have the Right to Work” flyers (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manualxxxxx://xxx.xxxxxxx.xxx/crt/case-document/file/1133936/download). Copies Respondent will require its EEV Personnel to acknowledge in writing their review of these documents IER flyers within five calendar days of receipt, and future revisions shall, upon IER’s request, provide copies of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxxwritten acknowledgements.
8. Within 90 60 calendar days of the Effective Date, Respondent will shall ensure that all Human Resources EEV Personnel are trained receive training regarding their obligations to comply with 8 U.S.C. § 1324b., as follows:
(a) At IER’s discretion, the A. The training required under this paragraph shall consist of one or more live presentation(si) or recorded webinar(sviewing an IER Employer/HR Representative webinar, which is publicly available at xxxxx://xxx.xxxxxxx.xxx/crt/webinars; and ii) that reviewing the IER conducts, creates, or approves;educational materials regarding 8 U.S.C. § 1324b referenced in Paragraph 7 if they have not done so already.
(b) B. Respondent will shall pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;.
(c) C. Respondent shall compile attendance records listing the individuals who attend receive the training described in this paragraph, including their full name, job title, and the date date(s) of the trainingtraining sessions, and send them the records via email to Xxxx.Xxxx@xxxxx.xxx Xxxxxxx Xxxxxx (xxxxxxx.xxxxxx@xxxxx.xxx) (or any other individual IER designates) within ten 10 calendar days of each training session; and.
(d) For D. During the term of the Agreement, all new Human Resources EEV Personnel who assumed assume their duties after the initial training described in this paragraph shall view an IER approved Employer/HR Representative webinar and review the IER educational materials XXX identified pursuant to subparagraph A within 60 calendar days of hire or promotionassuming such duties. Respondents Respondent shall compile and send attendance records for these individuals pursuant to Paragraph 10(c)subparagraph C within 10 calendar days of the training.
9. Within 120 No later than 90 calendar days of after the Effective Date, Respondent shall provide all Human Resources Personnel with training review any existing policies or procedures applicable to employment eligibility verification or reverification of the continuing employment authorization of workers at the Sunrise at Fox Hill facility. Respondent shall, as needed, revise or create policies stating that assesses their understanding of proper Form I-9 and E-Verify processes as followsit will:
A. Accept, for purposes of verifying employment eligibility or reverifying continuing work authorization, all documentation that, on its face, reasonably appears to be genuine, relates to the person, and satisfies the requirements of 8 U.S.C. § 1324a;
B. Not request more or different documents than are required by law when verifying or reverifying employment eligibility;
C. Not reject valid documents for establishing work authorization or continuing work authorization;
D. Allow employees to present the valid documentation of their choosing during the employment eligibility verification or reverification process;
E. Permit all employees whose work authorization requires reverification to present any document acceptable by law for employment eligibility reverification, regardless of whether it is a different document type than an employee previously used for that purpose or to establish initial work authorization;
F. Refer employees who complain, formally or informally, of discrimination or other obstacles to establishing their continuing work authorization to IER by including the following statement: “The Immigrant and Employee Rights Section (aIER) Respondent shall require these individuals can help you with concerns about citizenship status or national origin discrimination in hiring, firing, or recruitment. IER can also help with possible discrimination relating to answer 20 multiple choice measurement and assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resources, including but not limited to, the Form I-9 and process. You can find more information about IER by going to its instructionswebsite at xxx.xxxxxxx.xxx/xxx. You can also speak to someone anonymously by calling XXX’s toll-free number at 000-000-0000. If you think you have been the victim of employment discrimination relating to citizenship status or national origin (including with the Form I-9 process) or retaliation, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questions.
(b) If any individual answers you must file a question incorrectly, Respondent shall, charge with IER within three days, require the individual who answered incorrectly to read one or more 180 days of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment described in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selecteddiscriminatory act.”; and
ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions G. Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge alleging violation(s) of 8 U.S.C. § 1324b, or participating in Paragraph 9 of the Agreementany lawful manner in any IER investigation or matter.
10. Within 120 No later than 90 calendar days after the Effective Date, Respondent shall review all template emails and other written materials it provides to employees at the Fox Hill facility whose work authorization requires reverification to ensure that they comply with 8 U.S.C. § 1324b.
11. During the term of this Agreement, Respondent shall ensure that all EEV Personnel can readily access the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and current and future revisions of which are available online at xxx.xxxxx.xxx.
12. During the term of this Agreement, XXX reserves the right to make reasonable inquires to Respondent to determine Respondent’s compliance with this Agreement. As part of such review, IER may with reasonable notice require written reports concerning compliance, inspect Respondent’s premises, examine witnesses, and examine and copy documents. Respondent shall comply with XXX’s requests within 30 calendar days unless XXX grants Respondent additional time to comply.
13. Nothing in this Agreement limits XXX’s right to inspect Respondent’s Forms I-9 and attachments within three business days pursuant to 8 C.F.R. § 274a.2(b)(2)(ii) and 28 C.F.R. § 44.302(b).
14. If XXX has reason to believe that Respondent is in violation of any provision of this Agreement, IER may, in its sole discretion, notify Respondent of the purported violation without re-opening the IER Investigation. Respondent will have 30 calendar days from the date of IER’s notification to cure the violation to XXX’s satisfaction before XXX deems Respondent to be in violation of this Agreement.
15. This Agreement does not affect the right of any individual to file a charge with XXX alleging an unfair immigration-related employment practice, IER’s authority to investigate or file a complaint on behalf of any such individual, or XXX’s authority to conduct an investigation of Respondent’s employment practices occurring after the Effective Date or outside the scope of the IER Investigation.
16. This Agreement resolves any and all differences under 8 U.S.C. § 1324b between the Parties relating to the extent IER Investigation through the Effective Date. IER shall close the IER Investigation and shall not seek from Respondent continues to use electronic Form I-9 softwareany additional civil penalty or relief on behalf of itself or the Charging Party, Respondent will modifybeyond that referenced in this Agreement, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select for the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” alleged unfair documentary practice in violation of 8 U.S.C. § 1324b that is the expiration date field;subject of the IER Investigation through the Effective Date.
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date the latest signature below, which date is referenced hereafter as the “Effective Date.” The term of the Agreement shall be two years 30 months following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the total amount of $70,695 67,778, which includes $66,300 for the above-referenced alleged unfair documentary practicespractices and $1,478 for the above-referenced alleged citizenship status discrimination. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX IER receives this information, it will send the designated person the FedWire payment instructions. Respondent shall pay the monies discussed in this paragraph via the FedWire electronic fund transfer system, within ten days of receiving IER’s FedWire instructions. On the day of payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that the payment was made.
3. Paragraph 2 notwithstandingExcept as set forth in Xxxxxxxxx 0, IER XXX shall not seek from Respondent any additional civil penalty for the pattern or practice of unfair documentary practices in violation of 8 U.S.C. § 1324b(a)(6) ), or the Charging Party’s hiring discrimination in violation of 8 U.S.C. § 1324b(a)(1)(B), that are the subject of the InvestigationInvestigations, through the Effective Date.
4. Pursuant to 8 U.S.C. § 1324b0000x, Respondent Xxxxxxxxxx shall not discriminate against individuals based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, and employment eligibility verification and reverification processes (together, the “EEV” process), or intimidate, threaten, coerce, or retaliate against any person for participating in the Investigation Investigations or exercise of exercising any right or privilege secured by 8 U.S.C. § 1324b.
5. Respondent shall not: (a) make any reference to the IER Charge, Investigations, or this Agreement in the Charging Party’s personnel file and/or his other current or future employment records; or (b) disclose to any individual, employer, contractor, or other non-governmental entity information or documentation concerning the IER Charge, the Investigations, or this Agreement, except to its officers, employees with a business need to know, and auditors, unless required by law.
6. Within 14 days of the Effective Date, Respondent shall post in its McAllen Texaspost, locationif it has not already done so, IER’s “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) in color;
(b) measuring no smaller than 8.5” x 11”;
(c) in all places where notices to employees and job applicants are normally postedposted in the Gardena, California branch; and
(d) in English, Spanish, and any other available language that is the preferred language of Respondent’s employees, if that language is known. The IER Poster shall remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date.
6. Within 60 days of the Effective Date, Respondent will review any existing employment policies that relate to nondiscrimination based on legally protected traits or characteristics. Respondent will, as needed, revise or create policies to ensure that they:
(a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin in the hiring and firing process, and during the Form I-9/E-Verify employment eligibility verification and reverification processes;
(b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge, or participating in any lawful manner in any IER investigation or action with XXX.
7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising or assisting such employees (collectively, “Human Resources Personnel”), can readily access:
(a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
8. Within 90 days of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained regarding their obligations to comply with 8 U.S.C. § 1324b.
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent will pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;
(c) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their full name, title, and the date of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates) within ten days of each training session; and
(d) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotion. Respondents shall compile and send attendance records for these individuals pursuant to Paragraph 10(c).
9. Within 120 days of the Effective Date, Respondent shall provide all Human Resources Personnel with training that assesses their understanding of proper Form I-9 and E-Verify processes as follows:
(a) Respondent shall require these individuals to answer 20 multiple choice measurement and assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resources, including but not limited to, the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questions.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment described in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selected; and
ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions in Paragraph 9 of the Agreement.
10. Within 120 days of the Effective Date and to the extent Respondent continues to use electronic Form I-9 software, Respondent will modify, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Settlement Agreement (hereinafter "Agreement") becomes effective as of the date of the latest last signature belowon the Agreement, which date is referenced hereafter herein as the “"Effective Date.” " The term "Term of the Agreement this Agreement" shall be two (2) years following the Effective Date.
2. Respondent Omnicare shall pay a civil penalty to the United States Treasury in the amount of three thousand, six hundred twenty-one dollars and no/cents ($70,695 for the above-referenced unfair documentary practices3,621.00).
3. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructions. Respondent shall pay the The monies discussed in this paragraph 2 shall be paid via the FedWire electronic fund transfer system, system within ten days of receiving the Effective Date or receipt on FedWire instructions transmitted by IER, whichever is later. IER will send FedWire fund transfer instructions to Omnicare’s FedWire instructionslegal counsels, Xxxxx Foot Xxxxx and Xxxxxxx Xxxxxxxxx. On the day Omnicare shall send a confirmation of payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that the payment was madeto Xxxxxxxxx.Xxxxx@xxxxx.xxx and Xxxxxx.Xxxx@xxxxx.xxx within 24 hours of the date on which the funds are transferred. The email confirming payment shall have Omnicare’s name and the investigation number, DJ # 000-00-00, printed in the subject line.
34. Paragraph 2 notwithstandingIn accordance with 8 U.S.C. § 1324b and 28 C.F.R. § 68.52, IER Omnicare shall not seek from Respondent any additional civil penalty for not:
(a) Discriminate on the pattern basis of citizenship, immigration status or practice of unfair documentary practices national origin in violation of 8 U.S.C. § 1324b(a)(61324b; and
(b) that are the subject of the Investigation, through the Effective Date.
4. Pursuant to 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, and employment eligibility verification and reverification processes (together, the “EEV” process), or intimidateIntimidate, threaten, coerce, or retaliate against any person for participating person, including individuals who precipitated or participated in the Investigation Investigation, for his or her participation in this matter or the exercise of any right or privilege secured by 8 U.S.C. § 1324b.
5. Within 14 days of the Effective Date, Respondent Omnicare shall post in its McAllen Texas, location, an English and Spanish version of IER’s “If You Have The the Right to Work” poster (“IER Poster”) (), an image of which is available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) in color;
(b) measuring no smaller than 8.5” x 11”;
(c) , on Omnicare’s website and in all places where notices to employees and job applicants are normally posted; and
(d) posted in English, Spanish, and any other available language that is the preferred language of Respondent’s employees, if that language is knownall its locations. The IER Poster will be posted within fourteen (14) days of the Effective Date and shall remain posted for at least during the term Term of the this Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date.
6. Omnicare shall consider and evaluate any future applications for employment submitted by the Charging Party in a non-discriminatory and non-retaliatory manner, and shall ensure all information regarding his citizenship status or work authorization documentation currently contained in any Omnicare system of records be removed or otherwise made unavailable to future Omnicare recruiters considering any such future applications.
7. Within 60 ninety days of the Effective Date, Respondent will review any existing employment policies that relate to nondiscrimination based on legally protected traits or characteristics. Respondent will, as needed, revise or create policies to ensure that they:
(a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin in the hiring and firing process, and during the Form I-9/E-Verify employment eligibility verification and reverification processes;
(b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge, or participating in any lawful manner in any IER investigation or action with XXX.
7. During the term of this Agreement, Respondent Omnicare shall ensure that all individuals involved current employees and contract staff in Respondent’s EEV processes in McAllen, Texas, as well as any individuals its Cincinnati headquarters office who have responsibilities for hiring (including recruiting) or the employment eligibility verification process attend a free IER webinar training, and that any role such future employees or contact staff hired during the Term of this Agreement participate in supervising IER webinar training within sixty (60) days of beginning their employment or assisting such employees (collectively, “Human Resources Personnel”), can readily access:
(a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
8assignment. Within 90 ninety days of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained regarding their obligations Omnicare also shall send an email to comply IER, at the address Xxxxxxxxx.Xxxxx@xxxxx.xxx and with 8 U.S.C. § 1324b.
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent will pay subject line “Omnicare Training - DJ # 000-00-00,” confirming webinar attendance by its current employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;
(c) Respondent shall compile attendance records listing the individuals who attend the training described contract staff in this paragraphCincinnati, including their full namenames, titletitles, and employers.
8. This Agreement does not affect the date right of any individual to file a charge under the Act alleging an unfair immigration-related employment practice against Omnicare, the authority of IER to investigate or file a complaint on behalf of any such individual, or the authority of IER to conduct an independent investigation, for any of Omnicare’s employment practices occurring after the Effective Date or outside of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx (scope of this Investigation or any other individual IER designates) within ten days of each training session; and
(d) For the term of the this Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotion. Respondents shall compile and send attendance records for these individuals pursuant to Paragraph 10(c).
9. Within 120 days This Agreement resolves any and all differences under 8 U.S.C. § 1324b between the parties relating to the investigation of the charges identified as DJ Number 000- 00-00, through the Effective Date. The provisions of paragraph 2 notwithstanding, IER shall not seek from Omnicare any additional civil penalty for the alleged violations of 8 U.S.C. § 1324b(a)(1) that are the subject of the charge investigation, designated as DJ Number 000-00-00, through the Effective Date.
10. The United States may bring a civil action in the United States District Court for the Southern District of Ohio to enforce this Agreement, and may in such action seek to have the court impose any remedy authorized at law or equity. This provision does not constitute and should not be construed as a waiver: (a) by the United States of sovereign immunity, or any other jurisdictional or legal defense available to the United States, or (b) by Omnicare of any defenses available to Omnicare.
11. The Parties agree that, as of the Effective Date, Respondent shall provide all Human Resources Personnel with training litigation concerning the violations of 8 U.S.C. § 1324b that assesses their understanding of proper Form I-9 and E-Verify processes as follows:
(a) Respondent shall require these individuals IER has reasonable cause to answer 20 multiple choice measurement and assessment questions believe that XXX provides RespondentOmnicare committed is not reasonably foreseeable. The individuals answering To the measurement and assessment questions may refer extent that either party previously implemented a litigation hold to written government resourcespreserve documents, including but not limited toelectronically stored information, or things related to this matter, the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questionsparty is no longer required to maintain such a litigation hold. Respondent shall review and score each individual’s responses to the questions.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment described Nothing in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or paragraph relieves either party of any other individual IER designates):
i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selected; and
ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions in Paragraph 9 of the obligations imposed by this Agreement.
1012. Within 120 days Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the Effective Date remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of this Agreement. The Parties agree that they will not, individually or in combination with another, seek to have any court declare or determine that any provision of this Agreement is invalid.
13. The Parties agree to bear their own costs, attorneys’ fees and other expenses incurred in this investigation.
14. This Agreement sets forth the entire agreement between the Parties and fully supersedes any and all prior agreements or understandings between the parties pertaining to the extent Respondent continues to use electronic Form I-9 software, Respondent will modify, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;subject matter herein.
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date of the latest signature belowon the dually- signed Agreement, which date is referenced hereafter herein as the “Effective Date.” The “term of the Agreement this Agreement” shall be two three years following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the amount of one- hundred thousand dollars ($70,695 for the above-referenced unfair documentary practices. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructions100,000).
3. Respondent shall pay the monies discussed amount in this paragraph 2 in four equal installments via the FedWire electronic fund transfer system, . Respondent shall make the first installment of $25,000 within ten (10) business days of receiving IERRespondent’s FedWire receipt of a fully signed copy of this Agreement and fund transfer instructions, which will be sent to Respondent’s legal counsel, Xxxxx Xxxxxxx, xxxxxxxx@xxxxxxxxxxxxx.xxx. On the day of Thereafter, Respondent shall make individual installment payments in six-month intervals. After each payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that send a confirmation of the payment was made.
3to Xxxxx.Xxxxx@xxxxx.xxx and Xxxxx.Xxxxxxx@xxxxx.xxx on the day the funds are transferred. Paragraph 2 notwithstandingThe email confirming payment shall have Respondent’s name and the investigation number, IER shall not seek from Respondent any additional civil penalty for the pattern or practice of unfair documentary practices DJ # 000-00-000, in violation of 8 U.S.C. § 1324b(a)(6) that are the subject of the Investigation, through the Effective Dateline.
4. Pursuant to In compliance with 8 U.S.C. § 1324b, Respondent shall not not:
(a) discriminate against individuals based on the basis of citizenship, immigration status, status or national origin, during .
(b) discriminate in the recruitment, hiring, firing, and employment eligibility verification and reverification processes process; Respondent shall
(togetheri) honor documentation that on its face reasonably appears to be genuine, relates to the “EEV” processperson, and satisfies the requirements of 8 U.S.C. § 1324a(b), ; (ii) not request more or different documents than are required by law for employment eligibility verification; and (iii) permit all employees to present any document or combination of documents acceptable by law both at initial hire and during any lawful reverification of continued employment authorization.
(c) intimidate, threaten, coerce, or retaliate against any person for participating his or her participation in this matter or the Investigation or exercise of any right or privilege secured by 8 U.S.C. § 1324b.
5. Within 14 days of the Effective Date, Respondent shall post in its McAllen Texas, location, IER’s “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) in color;
(b) measuring no smaller than 8.5” x 11”;
(c) in all places where notices to employees and job applicants are normally posted; and
(d) in English, Spanish, and any other available language that is the preferred language of Respondent’s employees, if that language is known. The IER Poster shall remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date.
6. Within 60 days of the Effective Date, Respondent will review any existing employment policies that relate to nondiscrimination based on legally protected traits or characteristics. Respondent will, as needed, revise or create policies to ensure that they:
(a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin in the hiring and firing process, and during the Form I-9/E-Verify employment eligibility verification and reverification processes;
(b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge, or participating in any lawful manner in any IER investigation or action with XXX.
7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising or assisting such employees (collectively, “Human Resources Personnel”), can readily access:
(a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
8. Within 90 days of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained regarding their obligations to comply with 8 U.S.C. § 1324b.
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent will pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;
(c) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their full name, title, and the date of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates) within ten days of each training session; and
(d) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotion. Respondents shall compile and send attendance records for these individuals pursuant to Paragraph 10(c).
9. Within 120 days of the Effective Date, Respondent shall provide all Human Resources Personnel with training that assesses their understanding of proper Form I-9 and E-Verify processes as follows:
(a) Respondent shall require these individuals to answer 20 multiple choice measurement and assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resources, including but not limited to, the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questions.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment described in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selected; and
ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions in Paragraph 9 of the Agreement.
10. Within 120 days of the Effective Date and to the extent Respondent continues to use electronic Form I-9 software, Respondent will modify, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date of the latest signature belowon the dually- signed Agreement, which date is referenced hereafter herein as the “Effective Date.” The “term of the Agreement this Agreement” shall be two years following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the amount of $70,695 690,000.
3. Respondent shall provide XXX with the name, title, email address, telephone number, and business address of the individual responsible for effectuating payment of the above-referenced unfair documentary practices. No civil penalty no later than five seven business days after from the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructions. Respondent Kforce shall pay the monies discussed in this paragraph 2 via the FedWire electronic fund transfer system, system within ten 30 calendar days after all parties’ execution of receiving this Agreement and receipt of fund transfer instructions from IER’s FedWire instructions. On Respondent shall send confirmation of the payment to Xxxx Xxxxxxxx at Xxxx.Xxxxxxxx@xxxxx.xxx (or any other individual(s) IER designates in writing) on the day of payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that the payment was is made. The emails confirming payment shall have Respondent’s name and the investigation number, DJ #197-17M-363, in the subject line.
34. Paragraph 2 notwithstandingIn the absence of an exception to citizenship status discrimination under 8 U.S.C § 1324b(a)(2)(C), IER Kforce, whether directly or through its recruiters, contractors or agents, shall not seek from Respondent any additional civil penalty for discriminate on the pattern basis of citizenship status, immigration status, or practice of unfair documentary practices national origin in violation of 8 U.S.C. § 1324b(a)(6) that are the subject of the Investigation, through the Effective Date.
4. Pursuant to 8 U.S.C. § 1324b, Respondent including not discriminating in its job postings, advertisements, recruitment activities, and consideration of applicants for referral or hiring. Additionally, except as otherwise indicated herein, Kforce, its recruiters, and any contractors or agents shall not discriminate against individuals based in referring job applicants, hiring, or firing on citizenshipthe basis of citizenship status, immigration status, or national origin, during the recruitment, hiring, firingin violation of 8 U.S.C. § 1324b. Kforce, and employment eligibility verification its recruiters, contractors, and reverification processes (together, the “EEV” process), or agents shall not intimidate, threaten, coerce, or retaliate against any person for participating in the IER Investigation or exercise of exercising any right or privilege secured by 8 U.S.C. § 1324b. Notwithstanding the above, nothing in this paragraph prohibits Respondent, directly or through its recruiters, contractors, or agents over which it has control, from indicating on any job advertisement that it is only considering candidates who can work in the U.S. without employer sponsorship.
5. Within 14 days of the Effective Date, Respondent shall post in its McAllen Texas, location, an English and Spanish version of IER’s “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) ), in color;
(b) color and measuring no smaller than 8.5” x by 11”;
(c) , an image of which is available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster, in all places where notices to employees and job applicants are normally posted; and
(d) in English, Spanish, and any other available language that is the preferred language of Respondent’s employees, if that language is knownincluding on its website. The IER Poster shall will be posted within thirty (30) calendar days from the Effective Date and will remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that datetwo years thereafter.
6. Within 60 ninety (90) calendar days of the Effective Date, Respondent will shall (1) review any existing employment policies and revise, if necessary, such policies, or develop and propose new policies, to prohibit job advertisements, recruiting, referrals, and hiring, that relate discriminates in violation of 8 U.S.C. § 1324b, and (2) provide them to nondiscrimination based on legally protected traits or characteristicsIER. IER shall review and approve such policies for compliance with 8 U.S.C. § 1324b and this Agreement, and Respondent will, as needed, revise or create shall implement the approved policies to ensure that theywithin thirty (30) calendar days after IER’s approval. These employment policies shall:
(a) Prohibit requesting more in accordance with 8 U.S.C. § 1324b, prohibit discrimination on the basis of citizenship or different documentsimmigration status, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or and national origin in the hiring and firing processemployment, including in recruiting, referral, hiring, and during the Form I-9/E-Verify employment eligibility verification and reverification processesfiring;
(b) Include include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of ; Respondent shall include these bases of discrimination in any similar Equal Employment Opportunity (EEO) statements that Respondent includes provides in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas refer applicants and employees who complain, complain formally or informally, of discrimination in the recruiting, referring, hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER the Immigrant and Employee Rights Section by directing the affected individual to the IER PosterIER’s worker hotline and website; and
(d) Prohibit prohibit any reprisal action against any an individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, or for filing any charge, or participating in any lawful manner in any IER investigation or action with XXXunder 8 U.S.C. § 1324b.
7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising or assisting such employees Within ninety (collectively, “Human Resources Personnel”), can readily access:
(a90) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
8. Within 90 calendar days of the Effective Date, Respondent will ensure that shall require all Human Resources Personnel are trained regarding their obligations Kforce recruiters (including any contracted recruiters) and any other Kforce employees who assist or engage in drafting, reviewing, disseminating or posting job advertisements (hereinafter “Recruiting Personnel”) to comply with 8 U.S.C. § 1324b.attend an IER webinar or appropriate alternative training approved by XXX. In addition:
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent All employees will pay its employees be paid their normal rate of pay during the trainingpay, and the training will occur during the employees’ their normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, of its costs associated with these training sessions, not including IER’s webinar platform or other related expenses;
(b) During the term of the Agreement, Respondent shall require all Recruiting Personnel who are hired or contracted by Respondent after the training described in this paragraph has been conducted to attend an IER Employer/HR webinar training or approved alternative training within 60 calendar days of hire or promotion; and
(c) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their each individual’s full name, job title, and the date of the training, and an attestation from Kforce’s Sr. Director Learning & Enablement/Learning and Development as to each individual’s completion of the training and send them the record via email to Xxxx.Xxxx@xxxxx.xxx Xxxx Xxxxxxxx at Xxxx.Xxxxxxxx@xxxxx.xxx (or any other individual individual(s) IER designatesdesignates in writing) within ten days of each training session; and
(d) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotionevery three months. Respondents shall compile and send The emails transmitting attendance records for these individuals shall have Respondent’s name and the investigation number, DJ #197-17M-363, in the subject line.
8. Respondent shall pay, pursuant to Paragraph 10(c).
9the process set forth in Attachment A, back pay to each eligible individual (“Claimant”) as determined by IER, up to a maximum of $230,000 for all Claimants. Within 120 days of “Claimant” is defined as someone whom IER determines was a protected individual under 8 U.S.C. § 1324b(a)(3) and who (1) received an advertisement for a position with Respondent from Kforce’s Reston, Virginia office between March 1, 2019, to February 28, 2022, containing an unlawful citizenship requirement that excluded the Effective Dateworker based on citizenship status, Respondent shall provide all Human Resources Personnel with training that assesses their understanding of proper Form I-9 (2) was otherwise qualified for the position advertised, and E-Verify processes as follows:
(3) either (a) Respondent shall require these individuals expressed interest in the position but was rejected or not considered for it because of citizenship status, or (b) was deterred from applying to answer 20 multiple choice measurement and assessment questions that XXX provides Respondentthe position because of citizenship status. The individuals answering Should the measurement and assessment questions may refer to written government resourcestotal amount of back pay exceed $230,000, including but not limited to, each Claimant’s back pay will be a prorated portion of the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questionsmaximum back pay funds made available under this Agreement. Respondent shall review and score each individual’s responses to withhold applicable taxes based on the questions.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more tax rate of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctlycalendar year. Within 10 days after completion of the measurement and assessment described in this paragraph, Any funds not distributed to Claimants will be returned to Respondent will provide via email pursuant to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selected; and
ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions in Paragraph 9 of the Agreement.
10. Within 120 days of the Effective Date and to the extent Respondent continues to use electronic Form I-9 software, Respondent will modify, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;Attachment A.
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date of the latest signature belowon the dually- signed Agreement, which date is considered to be and referenced hereafter herein as the “Effective Date.” The term of the this Agreement shall be is two years following the Effective Date.
2. Respondent shall pay remit a civil penalty payment to the United States Treasury in the amount of $70,695 for the above-referenced unfair documentary practices. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructions365,000.
3. Respondent shall pay the monies discussed in this paragraph via 2 using the FedWire electronic fund transfer system, system within ten 14 calendar days of receiving the Effective Date, or receipt of fund transfer instructions from IER’s FedWire instructions, whichever is later. XXX shall send fund transfer instructions to Xxxxxxxx Xxxxxxxxx, Counsel – Employment & Labor, General Motors via email to xxxxxxxx.xxxxxxxxx@xx.xxx, and to Xxxx Xxxx, Partner, Xxxxxx, Xxxxx & Xxxxxxx LLP, via email to xxxx.xxxx@xxxxxxxxxxx.xxx. On the day of payment, Respondent shall confirm via email send confirmation of the payment to Xxxx Xxxx Xxxxxxxx at Xxxx.Xxxx@xxxxx.xxx that Xxxx.Xxxxxxxx@xxxxx.xxx and Xxxxxx Xxxxxxxxx at Xxxxxx.Xxxxxxxxx@xxxxx.xxx (or any other individual(s) IER designates). The email confirming payment shall have Respondent’s name and the payment was madeinvestigation number, DJ # 000-00-000, in the subject line.
34. Paragraph 2 notwithstandingThis Agreement resolves any and all differences between the Parties with respect to the IER Investigation through the Effective Date. Except as set forth in paragraph 2, IER shall not seek from Respondent any additional civil penalty payments for the pattern or practice of unfair documentary practices alleged discrimination in violation of 8 U.S.C. § 1324b(a)(61324(b) that are was subject to the subject of the Investigation, IER Investigation through the Effective Date.
45. Pursuant to In accordance with 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals based on citizenship, immigration status, or national origin, origin during the recruitment, hiring, firing, and employment eligibility verification and reverification processes (together, the “EEV” EEV process), or intimidate, threaten, coerce, or retaliate against any person for participating in the Investigation IER investigation or exercise of exercising any right or privilege secured by 8 U.S.C. § 1324b.
56. Within 14 90 calendar days of the Effective Date, Respondent shall post in its McAllen Texasreview, location, IER’s “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) in color;
(b) measuring no smaller than 8.5” x 11”;
(c) in all places where notices to employees and job applicants are normally posted; and
(d) in English, Spanish, and any other available language that is the preferred language of Respondent’s employees, if that language is known. The IER Poster shall remain posted for at least the term of the Agreementnecessary, notwithstanding any separate create or additional obligation Respondent may have to keep it posted beyond that date.
6. Within 60 days of the Effective Date, Respondent will review revise any existing employment policies policies, training materials, and guidance that relate to nondiscrimination based on legally protected traits or characteristicshiring and/or the EEV process, to ensure they comply with the requirements of paragraph 6(a)-(f), and submit them to IER for review and approval, after which Respondent shall implement such policies, training materials, and guidance. Respondent will, as needed, revise or create policies such documents to ensure that they:
(a) a. Comply with all applicable Form I-9 and E-Verify rules;
b. Prohibit requesting more or different documentsdocuments than required by law to establish permission to work in the United States, specifying requesting specific EEV documents, or rejecting valid EEV documents, because of an individual’s citizenship, immigration status status, or national origin regardless of whether such actions occur in the hiring and firing processhiring, and during the onboarding, or Form I-9/E-Verify employment eligibility verification and reverification I-9 completion processes;
(b) c. Prohibit unnecessary reverification of employees for Form I-9, including of lawful permanent residents who present permanent resident cards at initial hire, and refugees or asylees who do not include an expiration date in section 1 of Form I-9 and present documents that do not require reverification;
d. Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ; Respondent shall ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) e. Prohibit any reprisal action retaliation, intimidation, or coercion against any individual an employee or applicant for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, or for filing any charge, or participating in any lawful manner in any IER investigation or action with XXXunder 8 U.S.C. § 1324b; and
f. Direct applicants and employees who complain, formally or informally, of discrimination on the basis of citizenship, immigration status, or national origin in the hiring, firing, or EEV processes to IER’s website, xxx.xxxxxxx.xxx/xxx, and the IER poster referenced in paragraph 13.
7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising or assisting such employees (collectively, “Human Resources Personnel”), can readily access:
(a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
8. Within 90 days of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained regarding their obligations to comply with 8 U.S.C. § 1324b.
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent will pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;
(c) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their full name, title, and the date of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates) within ten days of each training session; and
(d) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotion. Respondents shall compile and send attendance records for these individuals pursuant to Paragraph 10(c).
9. Within 120 calendar days of the Effective Date, Respondent shall provide all Human Resources Personnel review, and, if necessary, create or revise any existing policies, training materials, and guidance that relate to its export control assessment (formerly known as “citizenship verification”) to ensure they comply with the requirements of paragraph 7(a)-(d), and submit them to IER for review and approval, after which Respondent shall implement such policies, training that assesses their understanding of proper Form I-9 materials, and E-Verify processes guidance. Respondent, as followsneeded, will revise or create such documents to ensure they:
(a) Respondent shall require these individuals to answer 20 multiple choice measurement and a. Remove any language suggesting, stating, or implying that export control assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resourcesdocuments, including but not limited toor any type of export control-related documents, are required for the Form I-9 and its instructions, the Handbook, the Manual, and/or USCISor for EEV;
b. Remove any requirement that lawful permanent residents must provide a foreign passport to establish their U.S. person status;
c. Ensure that Respondent’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questions.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and export control assessment described in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectlydoes not discriminate against, and the incorrect answer(s) each individual selecteddoes not impose unnecessary burdens on, particular groups of U.S. persons based on their citizenship or immigration status; and
d. Clarify that the export control assessment is separate from EEV, including by:
i. Requiring that, to the extent it is necessary to obtain documentation of a worker’s citizenship status or country of citizenship for purposes of the export control assessment, Respondent collect such documentation in a process that is clearly separate and distinct from the EEV process;
ii. A confirmation/certification Designating a Respondent employee who is knowledgeable about the EEV process and applicable rules to be the point of contact to whom questions about EEV can be directed;
iii. Designating a different Respondent employee from the one listed in paragraph 7(d)(ii) who is knowledgeable about the export control assessment process and applicable rules to be the point of contact to whom questions about the export control assessment process can be directed;
iv. Including the points of contact identified in paragraphs 7(d)(ii) and (iii) in any personnel directories and/or intranet pages containing directories;
v. Requiring that the points of contact in paragraphs 7(d)(ii) and (iii) be adequately trained for their respective responsibilities and attend the trainings described in paragraph 10;
vi. Requiring separate storage of EEV documentation and export control assessment was given documentation, even if the same documentation is used for both processes;
vii. Explaining in any documents that reference export control or export control assessment, including any forms that ask employees to all Human Resources Personnel identify their citizenship or immigration status for purposes of export control compliance, the legal basis for such verification;
viii. Including in training for personnel who conduct onboarding of new hires that EEV and that Respondent complied the export control assessment are separate and have different procedures and requirements, and identifying the points of contact designated pursuant to paragraphs 7(d)(ii) and (iii); and
ix. Prohibiting using the Form I-9 to notate or communicate any information about export control assessment, and prohibiting storing export control assessment information with all provisions in Paragraph 9 Form I-9 documentation.
8. No later than 14 calendar days from IER’s approval of GM’s revised policies, training materials, and guidance submitted pursuant to paragraphs 6 and 7, GM shall provide IER a timetable containing deadlines of when it will implement and comply with each policy, with no deadline later than 90 calendar days from submission of the timetable.
9. IER’s review of the policies discussed in paragraphs 6 and 7 shall consist of ensuring that Respondent’s policies or their implementation do not conflict with 8 U.S.C. § 1324b or this Agreement.
10. Within 120 30 calendar days of the Effective Date and to the extent Respondent continues to use electronic Form I-9 softwareDate, Respondent will modifyshall complete and return to IER the Justice Enterprise File Sharing System agreement (Attachment A), or take all steps which is necessary to allow XXX to share certain training materials with Respondent, and within 90 calendar days of the Effective Date, Respondent shall ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select that the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;Covered Personnel described below receive an Anti-discrimination Training as follows:
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date of the latest signature belowon the dually-signed Agreement, which date is referenced hereafter herein as the “Effective Date.” The “term of the Agreement this Agreement” shall be two three years following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the amount of $70,695 for the above-referenced unfair documentary practices11,000.
3. No later than five three calendar days after the Effective Date, Respondent shall give provide IER with the name name, title, email address, and contact information telephone number of the individual responsible for effectuating payment of the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructionscivil penalty. Respondent shall pay the monies discussed civil penalty referenced in this paragraph 2 via the FedWire electronic fund transfer system, system within ten 10 business days of receiving the Effective Date or receipt of fund transfer instructions from IER’s FedWire instructions, whichever is later. On the day of payment, Respondent shall confirm via email to Xxxx Xxxx at Xxxx.Xxxx@xxxxx.xxx that send confirmation of the payment was made.
3to Xxxxxx Xxxxxx (Xxxxxx.Xxxxxx@xxxxx.xxx). Paragraph 2 notwithstandingThe email confirming payment shall have Respondent’s name and the investigation number, IER shall not seek from Respondent any additional civil penalty for the pattern or practice of unfair documentary practices DJ # 000-00-000, in violation of 8 U.S.C. § 1324b(a)(6) that are the subject of the Investigation, through the Effective Dateline.
4. Pursuant to 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, and employment eligibility verification and reverification processes (together, the “EEV” EEV process”), or intimidate, threaten, coerce, or retaliate against any person for participating in the IER Investigation or exercise of exercising any right or privilege secured by 8 U.S.C. § 1324b.
5. Within 14 days Respondent shall remove, and shall not make in the future, any reference to the IER Charge, IER Investigation, or this Agreement in any employment-related records it created or retains regarding the Charging Party, and shall not disclose to any employer or prospective employer of the Effective DateCharging Party any information or documentation concerning the IER Charge, the IER Investigation, or this Agreement, unless required by law.
6. Respondent shall post in its McAllen Texas, location, IER’s an English and Spanish version of the IER “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) ), in color;
(b) color and measuring no smaller than 8.5” x 11”;
(c) , an image of which is available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster, in all places where notices to employees and job applicants are normally posted; and
posted at Store 6317 and its store 6471 located in Pottstown, Pennsylvania (d) in English, Spanish, and any other available language that is “Store 6471”). Respondent shall post the preferred language of Respondent’s employees, if that language is known. The IER Poster shall remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date.
6. Within 60 Posters no later than 14 calendar days of after the Effective Date, Respondent and the posters will review any existing employment policies that relate to nondiscrimination based on legally protected traits or characteristics. Respondent will, as needed, revise or create policies to ensure that they:
(a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin in the hiring and firing process, and during the Form I-9/E-Verify employment eligibility verification and reverification processes;
(b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) Prohibit any reprisal action against any individual remain posted for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any charge, or participating in any lawful manner in any IER investigation or action with XXX.
7. During the term of this Agreement, Respondent shall ensure that all individuals involved in Respondent’s EEV processes in McAllen, Texas, as well as any individuals who have any role in supervising or assisting such employees (collectively, “Human Resources Personnel”), can readily access:
(a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
87. Within 90 60 calendar days of the Effective Date, Respondent will ensure that all individuals who are responsible for formulating, providing training on, or implementing Respondent’s hiring, firing, equal employment, or EEV policies at Store 6317, Store 6471, and its offices located at 0000 Xxxxxxxxxx Xxxx xx Xxxxxxxx, Xxxxxxxxxxxx, including all managers and employees with any role in the EEV process, such as completing the Form I-9 or processing employees through Respondent’s EEV software and/or the JobExpress software system, and all individuals who are responsible for providing technological support to the JobExpress software system, (collectively, “Human Resources Personnel are trained and Tech Support Personnel”), receive training regarding their obligations to comply with 8 U.S.C. § 1324b., as follows:
(a) At IER’s discretion, the A. The training required under this paragraph shall consist of one or more live presentation(sHuman Resources and Tech Support Personnel: i) or recorded webinar(s) that viewing an IER conductsEmployer/HR Representative webinar, creates, or approves;which is publicly available at xxxxx://xxx.xxxxxxx.xxx/crt/
(b) B. Respondent will pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;.
(c) C. Respondent shall compile attendance records listing the individuals who attend receive the training described in this paragraph, including their full name, job title, and the date date(s) of the trainingtraining sessions, and send them the records via email to Xxxx.Xxxx@xxxxx.xxx Xxxxxx Xxxxxx (Xxxxxx.Xxxxxx@xxxxx.xxx) (or any other individual IER designates) within ten 10 calendar days of each training session; and.
(d) For D. During the term of the Agreement, all new Human Resources and Tech Support Personnel who assumed assume their duties after the initial training described in this paragraph shall view an IER approved Employer/HR Representative webinar and review the IER educational materials IER identified pursuant to subparagraph A within 60 calendar days of hire or promotionassuming such duties. Respondents Respondent shall compile and send attendance records for these individuals pursuant to Paragraph 10(c)subparagraph C within 10 calendar days of the training.
98. Within 120 No later than 90 calendar days of after the Effective Date, Respondent shall provide all Human Resources Personnel with training will review any existing employment, hiring, onboarding, and EEV policies and processes. Respondent will, as needed, revise or create policies stating that assesses their understanding of proper Form I-9 and E-Verify processes as followsRespondent will:
(a) Respondent shall require these A. Honor documentation that, on its face, reasonably appears to be genuine, relates to the person, and satisfies the requirements of 8 U.S.C. § 1324a;
B. Not request more or different documents than are required by law when verifying employment eligibility;
C. Not reject valid documents due to an individual’s citizenship, immigration status, or national origin;
D. Permit all employees to present any document or combination of documents acceptable by law for employment eligibility verification;
E. Allow individuals to answer 20 multiple choice measurement complete paper Form I-9s in instances where its EEV software will not accept valid documentation;
F. Include citizenship, immigration status, and assessment questions national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that XXX provides RespondentRespondent includes in printed or electronic materials available to the public or employees;
X. Xxxxx applicants and employees who complain, formally or informally, of discrimination in the hiring, firing, or the EEV process to IER by including the following statement: “The Immigrant and Employee Rights Section (IER) can help you with concerns about citizenship status or national origin discrimination in hiring, firing, or recruitment. The individuals answering the measurement and assessment questions may refer IER can also help with possible discrimination relating to written government resources, including but not limited to, the Form I-9 and process. You can find more information about IER by going to its instructionswebsite at xxx.xxxxxxx.xxx/xxx. You can also speak to someone anonymously by calling XXX’s toll-free number at 000-000-0000. If you think you have been the victim of employment discrimination relating to citizenship status or national origin (including with the Form I-9 process) or retaliation, you must file a charge with IER within 180 days of the Handbookdiscriminatory act.”; and
H. Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, the Manualfor filing any charge alleging violation(s) of 8 U.S.C. § 1324b, and/or USCIS’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questionsor participating in any lawful manner in any IER investigation or matter.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly9. Within 10 No later than 90 calendar days after completion of the measurement and assessment described in this paragraphEffective Date, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectlyreview all job application, EEV, and the incorrect answer(s) each individual selected; and
ii. A confirmation/certification onboarding materials it provides to applicants and employees to ensure that the assessment was given to all Human Resources Personnel and that Respondent complied they comply with all provisions in Paragraph 9 of the Agreement8 U.S.C. § 1324b.
10. Within 120 No later than 60 calendar days of after the Effective Date and to the extent Respondent continues to use electronic Form I-9 softwareDate, Respondent will modify, or take all steps necessary to ensure shall: (1) update its agent modifies, its electronic Form I-9 system EEV software to comply with Form I-9 requirementsthe requirements of both 8 U.S.C. §§ 1324a(b) and § 1324b, including: 1including by ensuring that it does not erroneously reject valid documentation; (2) permitting all individuals who select the Alien Authorized ensure that its EEV processes, including any software it may use, does not include any requests or requirements for more or different information or documentation than is otherwise required by law, including requesting or requiring unnecessary expiration date information; and (3) update its EEV software to Work (AAW) citizenship attestation allow job applicants to write or select enter “N/A” or “no expiration date” in the expiration date field;field when permitted by law to do so. Throughout the term of this Agreement, Respondent shall allow individuals to complete paper Form I-9s in instances where its EEV software will not accept valid documentation.
11. Within 14 calendar days, Respondent shall send a notice to all Human Resources and Tech Support Personnel. This notice shall inform Human Resources and Tech Support Personnel that there are valid List A documents that do not have an expiration date, regardless of any required fields in an EEV software.
12. During the term of this Agreement, Respondent shall ensure that all Human Resources and Tech Support Personnel can readily access the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and current and future revisions of which are available online at xxx.xxxxx.xxx.
13. During the term of this Agreement, XXX reserves the right to make reasonable inquires to Respondent to determine Respondent’s compliance with this Agreement. As part of such review, IER may require written reports concerning compliance, inspect Respondent’s premises, examine witnesses, and examine and copy Respondent’s documents. Respondent shall comply with XXX’s requests within 30 calendar days unless XXX grants Respondent additional time to comply.
14. Nothing in this Agreement limits XXX’s right to inspect Respondent’s Forms I-9 and attachments within three business days pursuant to 8 C.F.R. § 274a.2(b)(2)(ii) and 28 C.F.R. § 44.302(b).
15. If XXX has reason to believe that Respondent is in violation of any provision of this Agreement, IER may, in its sole discretion, notify Respondent of the purported violation without opening an investigation. Respondent will have 30 calendar days from the date of IER’s notification to cure the violation to XXX’s satisfaction before XXX deems Respondent to be in violation of this Agreement.
16. This Agreement does not affect the right of any individual to file a charge with IER alleging an unfair immigration-related employment practice, IER’s authority to investigate or file a complaint on behalf of any such individual, or XXX’s authority to conduct an independent investigation of Respondent’s employment practices occurring after the Effective Date or outside the scope of the IER Investigation.
17. This Agreement resolves any and all differences under 8 U.S.C. § 1324b between the Parties relating to the IER Investigation through the Effective Date. IER shall not seek from Respondent any additional civil penalty or relief on behalf of itself or the Charging Party, beyond that referenced in this Agreement, for the alleged unfair documentary practices in violation of 8 U.S.C. § 1324b that are the subject of the IER Investigation through the Effective Date.
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes effective as of the date the latest signature below, which date is referenced hereafter as the “Effective Date.” The term of the Agreement shall be two and a half years (30 months) following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the total amount of $70,695 4,500 for the above-referenced unfair documentary practicesalleged violations. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the designated person the FedWire payment instructions. Respondent shall pay the monies discussed in this paragraph via the FedWire electronic fund transfer system, within ten days of receiving IER’s FedWire instructions. On the day of payment, Respondent shall confirm via email to Xxxx Xxxx Xxxxxx Xxxxxx at Xxxx.Xxxx@xxxxx.xxx Xxxxxx.Xxxxxx0@xxxxx.xxx that the payment was made.
3. Except as set forth in Paragraph 2 notwithstanding2, IER shall not seek from Respondent any additional civil penalty penalties for the pattern or practice of unfair documentary practices in violation violations of 8 U.S.C. § 1324b(a)(6) that ), or the discrimination in hiring in violation 8 U.S.C. § 1324b(a)(1), which collectively are the subject of the Investigation, through the Effective Date.
4. Pursuant to 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, referral for a fee, and employment eligibility verification and reverification processes (together, the “EEV” process), or intimidate, threaten, coerce, or retaliate against any person for participating in the Investigation or exercise of exercising any right or privilege secured by 8 U.S.C. § 1324b.
5. Respondent shall not: (a) make any reference to the IER Charge, Investigation, or this Agreement in any applicant or other personnel records Respondent maintains regarding the Charging Party, or any potential future employment records; or (b) disclose to any individual, employer, contractor, or other non-governmental entity information or documentation concerning the IER Charge, the Investigation, or this Agreement (except to Respondent’s officers and employees with a business need to know) unless required by law.
6. Within 14 days of the Effective Date, Respondent shall post in its McAllen Texaspost, locationif it has not already done so, IER’s “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) in color;
(b) measuring no smaller than 8.5” x 11”;
(c) in all places where notices to employees and job applicants are normally posted; and
(d) in EnglishEnglish and Hindi, Spanish, and or any other available another Indian language that is the preferred language of Respondent’s employees, if that language is knownnecessary to communicate with staff. The IER Poster shall remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that date.
67. Within 60 days of the Effective Date, Respondent will review any existing employment, recruitment, and employment eligibility verification policies that relate to nondiscrimination based on legally protected traits or characteristicscompliance with the prohibitions set forth in 8 U.S.C. § 1324b. Respondent will, as needed, will revise or create policies to ensure that they:
(a) Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status status, or national origin in the hiring recruitment, referral, hiring, and firing processprocesses, and during the Form I-9/E-Verify employment eligibility verification and reverification processes;
(b) Prohibit conducting employment eligibility verification, including requesting information or documents to confirm work authorization, before required to do so under 8 U.S.C. § 1324a, and comply with USCIS Form I-9 rules and policies, as described in the M-274 Handbook for Employers;
(c) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials makes available to the public or employees;
(cd) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the referral, hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER PosterPoster and IER’s worker hotline (800-255-7688) and website, xxxxx://xxx.xxxxxxx.xxx/ier, and advise the affected individual of his or her right to file a charge of discrimination with IER; and
(de) Prohibit any reprisal action against any individual for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, for filing any chargecharge alleging violation(s) of 8 U.S.C. § 1324b, or participating in any lawful manner in any IER investigation or action with XXXmatter.
78. During the term of this Agreement, Respondent shall ensure that all individuals involved in who are responsible for formulating, providing training on, or implementing Respondent’s hiring, equal employment, and EEV processes in McAllenpolicies, Texas, as well as any individuals who have any role in supervising or assisting such employees including but not limited to the Human Resources Manager and Trainer (collectively, “Human Resources Personnel”), can readily access:
(a) the most current version of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version of the USCIS E-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. ; Copies of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
89. Within 90 days of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained regarding complete training on their obligations obligation to comply with 8 U.S.C. § 1324b., by viewing a free Employee/HR webinar presentation, either online or via an IER-provided recording. In addition:
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent All personnel will pay its employees be paid their normal rate of pay during the training, and the training will occur during the employees’ their normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, costs associated with these training sessions, not including IER’s webinar platform or other related expenses;
(cb) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their full name, title, and the date of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx Xxxxxx.Xxxxxx0@xxxxx.xxx (or any other individual IER designates) within ten 10 days of each the training sessionsession(s); and
(dc) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph paragraph, shall view an IER approved webinar the training pursuant to this paragraph, within 60 30 days of hire or promotion. Respondents Respondent shall compile and send attendance records for these individuals pursuant to Paragraph 10(c9(b).
910. Within 120 60 days of the Effective Datetraining described in Paragraph 9, Respondent Quantum will create one or more trainings for Recruiters, Team Leads, and Account Managers that explains their obligations under the anti-discrimination provisions of 8 U.S.C.§ 1324b, including the requirement not to discriminate during the recruitment, referral for a fee, or any hiring process; the prohibition on discrimination based on national origin; and the prohibition on asking for more, different, or specific documentation based on citizenship status. This training shall provide all Human Resources Personnel with be conducted in whatever language and/or dialect is necessary to ensure that trainees fully understand the training. Quantum shall submit an English version of the script or text for such training(s) to IER for review and approve at least 30 days before any proposed use. All Recruiters, Team Leads, and Account Managers shall take this training that assesses their understanding within 30 days of proper Form I-9 and E-Verify processes as followsits approval by XXX. In addition:
(a) Respondent shall require these individuals All personnel will be paid their normal rate of pay during the training, and the training will occur during their normally scheduled workdays and work hours to answer 20 multiple choice measurement and assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resources, including but not limited to, the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questionsextent practicable. Respondent shall review and score each individual’s responses to the questions.bear all costs associated with these training sessions;
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require For the individual who answered incorrectly to read one or more term of the government resources outlined in Paragraph 7 Agreement, all new Recruiters, Team Leads, and answer Account Managers who assumed their duties after the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment initial training described in this paragraph, shall view the training pursuant to this paragraph, within 30 days of hire or promotion.
(c) Respondent will provide via email shall compile and send attendance records for all individuals who attend these trainings pursuant to Xxxx.Xxxx@xxxxx.xxx Paragraph 9(b).
11. XXX reserves the right to make reasonable inquiries to Respondent to determine Respondent’s compliance with this Agreement. As a part of such review, IER may require written reports concerning compliance, inspect Respondent’s premises, examine witnesses, and examine and copy Respondent’s documents. Any such inquiries shall be directed to Xxxxx Xxxxx, President, (or any other individual Respondent designates). Respondent shall comply with XXX’s reasonable requests within 30 days unless XXX grants Respondent additional time to comply.
12. If XXX has reason to believe that Respondent is in violation of any provision of this Agreement, IER designates):
i. A list may, in its sole discretion, notify Respondent of the questions any individual answered incorrectly, and purported violation without opening an investigation. Respondent will have 30 days from the incorrect answer(s) each individual selected; and
ii. A confirmation/certification that date of IER’s notification to cure the assessment was given violation to all Human Resources Personnel and that IER’s satisfaction before XXX deems Respondent complied with all provisions to be in Paragraph 9 violation of the this Agreement.
1013. Within 120 days This Agreement does not affect the right of the Effective Date and any individual to the extent Respondent continues file a charge with XXX alleging an unfair immigration-related employment practice, IER’s authority to use electronic Form I-9 software, Respondent will modifyinvestigate or file a complaint on behalf of any such individual, or take all steps necessary IER’s authority to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;conduct an independent investigation of Respondent’s employment practices.
Appears in 1 contract
Sources: Settlement Agreement
TERMS OF SETTLEMENT. 1. This Agreement becomes shall become effective as of the date the latest signature belowlast party signs the Agreement, which date is referenced hereafter referred to as the “Effective Date.” The term of the this Agreement shall be is two (2) years following the Effective Date.
2. Respondent shall pay a civil penalty to the United States Treasury in the amount of One Thousand Dollars ($70,695 for the above-referenced unfair documentary practices. No later than five days after the Effective Date, Respondent shall give IER the name and contact information for the person who will make the payment on its behalf. After XXX receives this information, it will send the person the FedWire payment instructions1,000.00) pursuant to 8 U.S.C. § 1324b(g). Respondent shall pay the monies discussed in this paragraph via the FedWire electronic fund transfer system, system within ten fifteen (15) days of receiving either the Effective Date or receipt of fund transfer instructions from IER’s FedWire instructions, whichever is later. On the day of payment, Respondent shall confirm via email to Xxxx Xxxx Xxxxx Xxxxxxx at Xxxx.Xxxx@xxxxx.xxx Xxxxx.Xxxxxxx@xxxxx.xxx that the payment was made.
3. Paragraph 2 notwithstanding, This Agreement resolves any and all differences between the parties with respect to the Investigations through the Effective Date. IER shall not seek from Respondent any additional civil penalty beyond that referenced in paragraph 2, for the pattern or practice policy of unfair documentary practices at Store 3044 in violation of 8 U.S.C. § 1324b(a)(6) that are is the subject of the Investigation, Investigations through the Effective Date.
4. Pursuant to 8 U.S.C. § 1324b, Respondent shall not discriminate against individuals applicants or employees based on citizenship, immigration status, or national origin, during the recruitment, hiring, firing, and employment eligibility verification and or reverification processes (together, the “EEV” ”) process.
5. Respondent shall avoid discrimination in the EEV process by (a) honoring documentation that on its face reasonably appears to be genuine, relates to the person, and satisfies the requirements of 8 U.S.C. § 1324a(b); (b) not requesting more or different documents than are required by law; (c) not rejecting valid documents due to an individual’s citizenship status, immigration status, or national origin, and (d) permitting all employees to present any document or combination of documents acceptable by law.
6. Respondent shall not intimidate, threaten, coerce, or retaliate against any person for participating his or her participation in the Investigation IER’s investigation or exercise of any right or privilege secured by 8 U.S.C. § 1324b.
57. Within 14 days For the term of the Effective Datethis Agreement, if it does not already do so, Respondent shall post in at all stores within its McAllen Texas, location, IER’s Market 50 the IER “If You Have The Right to Work” poster (“IER Poster”) (available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster):
(a) ), in color;
(b) color and measuring no smaller than 8.5” x 11”;
(c) ,” an image of which is available at xxxxx://xxx.xxxxxxx.xxx/crt/worker-information#poster, in all places where notices to employees and job applicants are normally posted; and
(d) in English, Spanish, and any other available language that is . Respondent will post the preferred language of Respondent’s employees, if that language is known. The IER Poster shall remain posted for at least the term of the Agreement, notwithstanding any separate or additional obligation Respondent may have to keep it posted beyond that datein English and Spanish.
68. Within 60 sixty (60) days of the Effective Date, Respondent will review any existing shall revise its employment policies, to the extent the policies that relate to nondiscrimination based on legally protected traits or characteristics. Respondent willmay not already meet the requirements in this paragraph, as needed, revise or create policies to ensure that theyto:
(a) a. Prohibit requesting more or different documents, specifying documents, or rejecting valid documents, because of an individual’s citizenship, immigration status or national origin origin;
b. Remove all instructions in the hiring and firing process, and during the training materials that require or imply that Respondent must verify a new employee’s Form I-9/E-Verify employment eligibility verification and reverification processes, Section 1 citizenship attestation, alien registration and/or USCIS number by reviewing documentation that confirms that information;
(b) Include citizenship, immigration status, and national origin as prohibited bases of discrimination, and ensure inclusion of these bases in any similar Equal Employment Opportunity statements that Respondent includes in printed or electronic materials available to the public or employees;
(c) Refer individuals in McAllen, Texas who complain, formally or informally, of discrimination in the hiring, firing or Form I-9/E-Verify employment eligibility verification or reverification processes immediately to IER by directing the affected individual to the IER Poster; and
(d) c. Prohibit any reprisal action against any individual an employee for having opposed any employment practice made unlawful by 8 U.S.C. § 1324b, or for filing any charge, or participating in any lawful manner in any IER investigation or action with XXXunder 8 U.S.C. § 1324b.
79. During the term of this AgreementNo later than April 30, Respondent shall ensure that 2019, all individuals involved personnel in Respondent’s EEV processes in McAllen, Texas, as well as any individuals Market 50 who have any role in supervising responsibility for training, supervising, participating in, or assisting such employees completing any portion of the employment eligibility verification process (including the Form I-9) (collectively, “Human Resources PersonnelHR personnel”), can readily access:
(a) shall participate in additional training regarding proper Form I-9 procedures and complete a training assessment tool to ensure the most current version effectiveness of the USCIS Handbook for Employers (M-274) (“Handbook”), available at xxx.xxxxx.xxx/X-0Xxxxxxx, and
(b) the most current version additional training. The additional training shall consist of one or more of the USCIS Efollowing, at Respondent’s option: 1) for those HR personnel who have not already done so, participation in a free IER Employer/HR Representative webinar presentation, for which participants may register at xxxxx://xxx.xxxxxxx.xxx/crt/webinars; 2) self-Verify Manual (M-775) (“Manual”), available at xxx.xxxxx.xxx/x-xxxxxx/xxxxxxxxxxxx/xxxxxxx- and-guides/e-verify-user-manual. Copies guided study of these documents and future revisions of the Handbook, Manual and guidance can be obtained from the United States Citizenship and Immigration Services at xxx.xxxxx.xxx.
8. Within 90 days Handbook for Employers (M- 274); and/or 3) additional study of the Effective Date, Respondent will ensure that all Human Resources Personnel are trained Respondent’s internal training materials regarding their obligations to comply with 8 U.S.C. § 1324b.
(a) At IER’s discretion, the training shall consist of one or more live presentation(s) or recorded webinar(s) that IER conducts, creates, or approves;
(b) Respondent will pay its employees their normal rate of pay during the training, and the training will occur during the employees’ normally scheduled workdays and work hours. Respondent shall bear all employee costs, if any, associated with these training sessions;
(c) Respondent shall compile attendance records listing the individuals who attend the training described in this paragraph, including their full name, title, and the date of the training, and send them via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates) within ten days of each training session; and
(d) For the term of the Agreement, all new Human Resources Personnel who assumed their duties after the initial training described in this paragraph shall view an IER approved webinar within 60 days of hire or promotion. Respondents shall compile and send attendance records for these individuals pursuant to Paragraph 10(c).
9. Within 120 days of the Effective Date, Respondent shall provide all Human Resources Personnel with training that assesses their understanding of proper Form I-9 and E-Verify processes as follows:procedures.
(a) Respondent a. The training assessment tool shall require these individuals HR personnel to answer 20 multiple choice measurement and assessment questions that XXX provides Respondent. The individuals answering the measurement and assessment questions may refer to written government resources, including but not limited to, the Form I-9 and its instructions, the Handbook, the Manual, and/or USCIS’s I-9 Central website, when answering the questions. Respondent shall review and score each individual’s responses to the questions.
(b) If any individual answers a question incorrectly, Respondent shall, within three days, require the individual who answered incorrectly to read one or more of the government resources outlined in Paragraph 7 and answer the question(s) again until the individual answers the question(s) correctly. Within 10 days after completion of the measurement and assessment described in this paragraph, Respondent will provide via email to Xxxx.Xxxx@xxxxx.xxx (or any other individual IER designates):
i. A list of the questions any individual answered incorrectly, and the incorrect answer(s) each individual selected; and
ii. A confirmation/certification that the assessment was given to all Human Resources Personnel and that Respondent complied with all provisions in Paragraph 9 of the Agreement.
10. Within 120 days of the Effective Date and to the extent Respondent continues to use electronic Form I-9 software, Respondent will modify, or take all steps necessary to ensure its agent modifies, its electronic Form I-9 system to comply with Form I-9 requirements, including: 1) permitting all individuals who select the Alien Authorized to Work (AAW) citizenship attestation to write or select “N/A” in the expiration date field;at least fifteen
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Sources: Settlement Agreement