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EEOC Releases Fiscal Year 2018 Enforcement and Litigation Data (Apr. 2019)

Friday, April 12th, 2019

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 76,418 charges of workplace discrimination the agency received in fiscal year 2018. The comprehensive enforcement and litigation statistics for FY 2018, which ended Sept. 30, 2018, are posted on the agency’s website, which also includes detailed breakdown of charges by state.

The EEOC resolved 90,558 charges of discrimination. Overall, the EEOC secured $505 million for victims in private sector, state and local government, and federal workplaces. The agency reduced the charge workload by 19.5 percent to 49,607. It achieved this through deploying new strategies to more efficiently prioritize charges with merit, more quickly resolve investigations, and improve the agency’s digital systems. The agency handled over 519,000 calls to its toll-free number, 34,600 emails and more than 200,000 inquiries in field offices, reflecting the significant public demand for the EEOC’s services.

“The EEOC had a remarkable year working on behalf of those who came to the agency having experienced discrimination in their workplaces,” said EEOC Acting Chair Victoria A. Lipnic. “Our fiscal year 2018 final statistics reflect significant recoveries for individuals through our administrative enforcement and our litigation program. The statistics also indicate the EEOC has been handling its workload in a more efficient manner, expanding tools to provide better timelier service to the public while sharpening our focus on meritorious charges and those that advance the public interest. The statistics reflect the agency’s successes in taking advantage of new strategies to bring about the lowest inventory of private sector charges in a dozen years. Further, we cannot look back on last year without noting the significant impact of the #MeToo movement in the number of sexual harassment and retaliation charges filed with the agency. Last year was an incredibly important and productive year for the agency and my thanks go out to all of the staff who rose to the occasion,” added Lipnic.

The FY 2018 data show that retaliation continued to be the most frequently filed charge filed with the agency, followed by sex, disability and race. The agency also received 7,609 sexual harassment charges – a 13.6 percent increase from FY 2017 – and obtained $56.6 million in monetary benefits for victims of sexual harassment. Specifically, the charge numbers show the following breakdowns by bases alleged, in descending order:

Retaliation: 39,469 (51.6 percent of all charges filed)
Sex: 24,655 (32.3 percent)
Disability: 24,605 (32.2 percent)
Race: 24,600 (32.2 percent)
Age: 16,911 (22.1 percent)
National Origin: 7,106 (9.3 percent)
Color: 3,166 (4.1 percent)
Religion: 2,859 (3.7 percent)
Equal Pay Act: 1,066 (1.4 percent)
Genetic Information: 220 (.3 percent)

These percentages add up to more than 100 because some charges allege multiple bases.

EEOC legal staff filed 199 merits lawsuits alleging discrimination in fiscal year 2018. The lawsuits filed by the EEOC included 117 individual suits and 45 suits involving multiple victims or discrimin­atory policies and 37 systemic discrimination cases. At the end of the fiscal year, the EEOC had 302 cases on its active docket. The EEOC achieved a successful outcome in 95.7 percent of all district court resolutions.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

EEOC: PruittHealth-Raleigh to Pay $25,000 to Settle EEOC Pregnancy Discrimination Suit (Apr. 2019)

Friday, April 12th, 2019

Pregnant Employee Denied Accommodations and Forced to Resign, Federal Agency Charged

RALEIGH, N.C. – PruittHealth-Raleigh, LLC will pay $25,000 and provide other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged that PruittHealth violated Title VII when it denied a reasonable accommodation to a pregnant employee with a medically imposed lifting restriction and then unlawfully required the employee to resign because of her pregnancy-related lifting restriction.

PruittHealth-Raleigh LLC, (PruittHealth) operates a skilled nursing and rehabilitation facility in Raleigh, N.C. According to the EEOC’s lawsuit, PruittHealth subjected Dominque Codrington, a certified nursing assistant, to disparate treatment by refusing to accommodate her pregnancy-related lifting restriction, while accommodating the restrictions of other non-pregnant employees who were injured on the job and who were similar in their ability or inability to work. The EEOC alleged that PruittHealth refused to accommodate Codrington and required her to involuntarily resign in lieu of termination.

Such alleged conduct violates Section 703(a) of Title VII, 42 U.S.C. 2000(e)-2(a), which protects employees from discrimination on the basis of sex (pregnancy) and requires employers to provide pregnant employees with the same reasonable accommodations as those provided to non-pregnant employees who are similar in their ability or inability to work. The EEOC filed suit in U.S. District Court for the Eastern District of North Carolina, Western Division (Equal Employment Opportunity Commission v. PruittHealth-Raleigh, LLC; Civil Action No 5:18-cv-00165) after first attempting to reach a pre-litigation settlement through its concili­ation process.

In addition to the $25,000 in damages, the two-year consent decree settling the suit requires that PruittHealth adopt, implement, and distribute a formal written policy that provides the opportunity for modified duty for pregnant employees with medically imposed, pregnancy-related work restrictions on the same basis that modified duty is provided to non-pregnant employees who are similar in their ability or inability to work. PruittHealth also must provide annual training to its managers and supervisors at its Raleigh facility on the requirements of Title VII, specifically, the requirement that employers not take adverse employment actions against an employee based on her pregnancy.

“Employers must treat the work restrictions of pregnant employees just like those of non-pregnant employees,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “Companies must be careful not to violate federal anti-discrimination law when they pick and choose which employees to accommodate.”

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

Final Defendant in East L.A. Street Gang Pleads Guilty to Federal Charges Stemming From Firebombing of African-American Residences

Friday, April 12th, 2019

The lead defendant in a federal hate crimes indictment pleaded guilty yesterday to five charges and admitted he organized a group of street gang members who firebombed African-American residences inside the Ramona Gardens Housing Development “in order to force the African-American victims to move from the [development].”

Carlos Hernandez, also known as “Rider,” 34, pleaded guilty yesterday to five felonies that carry a mandatory minimum sentence of 15 years in federal prison.

“The defendant and his fellow gang members targeted and attacked families sleeping in their homes because of their race,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Justice Department will continue to investigate and prosecute these violent acts of hate.”

“This defendant oversaw a scheme designed to send African-American residents a potentially deadly message – you are not welcome here,” said United States Attorney Nick Hanna. “As this successful prosecution clearly demonstrates, we simply will not tolerate acts of violence and hate calculated to deprive people of their civil rights.”

“Many resources were devoted to the investigation of this hate crime which inexplicably targeted residents based on the color of their skin, including vulnerable children,” said Paul Delacourt, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Any crime that violates an individual’s civil rights will not be tolerated and will be vigorously investigated by the FBI and our partners.”

On the night of Mother’s Day, May 11, 2014, eight members of the Big Hazard street gang – including Hernandez, who was orchestrating the group’s activities – agreed to firebomb several apartments in Ramona Gardens because the residents were African Americans and living in the housing complex. In his plea agreement, Hernandez admitted that he organized the participants, gave each specific roles in the attacks and provided them with items to be used, including masks to conceal their identity and a hammer to break windows.

Once the gang members located their pre-selected targets, they smashed the windows of four apartments to allow for cleaner entry of the firebombs to maximize damage and threw lit Molotov cocktails into the residences, according to court documents. Three of the four targeted apartments were occupied by African-American families, including women and children, who were sleeping at the time of the unprovoked attack.

“Hernandez told the other codefendants who were present that the African-American victims were being targeted for firebombing because of their race,” according to his plea agreement, in which Hernandez admitted that he “and the codefendants knew that throwing firebombs into occupied residences after midnight created a substantial likelihood of causing serious bodily injury” to the African-American families.

Hernandez pleaded guilty to conspiracy to violate civil rights, violent crime in aid of racketeering, using fire and carrying explosives to commit another federal felony, using and possessing a firearm in a crime of violence, and violating the Fair Housing Act.

United States District Judge Christina A. Snyder is scheduled to sentence Hernandez on Oct. 7 where he will face a statutory maximum penalty of life in prison.

Previously in this case, the other seven defendants who were charged in 2016 pleaded guilty to federal hate crime and related offenses. All of those defendants also admitted that they participated in the firebombings because of the victims’ race and color and with the intent to force the victims to move away from the federally funded housing complex in the Boyle Heights section of Los Angeles. Those seven defendants are scheduled to be sentenced later this year.

The investigation into the firebombing was conducted by agents and detectives with the Federal Bureau of Investigation; the Los Angeles Police Department; the Los Angeles Fire Department; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is being prosecuted by Assistant United States Attorney Mack E. Jenkins, Chief of the Public Corruption and Civil Rights Section; Justice Department Trial Attorney Julia Gegenheimer of the Civil Rights Division’s Criminal Section; and Assistant United States Attorney MiRi Song of the General Crimes Section.

Assistant Attorney General Eric Dreiband Delivered Remarks on Disability Rights at the Site Where Dr. Martin Luther King Jr. was Assassinated (Apr. 12, 2019)

Friday, April 12th, 2019

The Lorraine Motel is the sight of one of the great tragedies in our history – the assassination of Dr. Martin Luther King Jr. We are here at the Motel and the National Civil Rights Museum for an important purpose: training about disability rights. It is altogether appropriate that we have gathered at this civil rights landmark for this reason. Disability rights are civil rights, and it is critically important that individuals with disabilities enjoy the privileges and freedoms available to all Americans. Today’s training will, I hope, enable such individuals to enjoy and to exercise their right to vote.

Congress enacted the Americans with Disabilities Act in 1990. Just before he signed Americans with Disabilities Act into law, President George H.W. Bush explained its importance:

Our success with this act proves that we are keeping faith with the spirit of our courageous forefathers who wrote in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights.”

These words have been our guide for more than two centuries as we’ve labored to form our more perfect union. But tragically, for too many Americans, the blessings of liberty have been limited or even denied. The Civil Rights Act of ’64 took a bold step towards righting that wrong. But the stark fact remained that people with disabilities were still victims of segregation and discrimination, and this was intolerable. Today’s legislation brings us closer to that day when no Americans will ever again be deprived of their basic guarantee of life, liberty, and the pursuit of happiness.

The Civil Rights Division at the Justice Department remains committed to the basic guarantee of life, liberty, and the pursuit of happiness. We do so in many ways, including by enforcing the Americans with Disabilities Act.

Among other things, the Americans with Disabilities Act requires equal access to polling places and the election process for people with disabilities.

The Civil Rights Division in partnership with U.S. Attorneys across the nation seeks to protect the right to vote through our ADA Voting Initiative. By this Initiative, we seek to ensure that people with disabilities have an equal opportunity to participate in the voting process, including in next year’s presidential elections.

The ADA Voting Initiative covers all aspects of voting, from voter registration to casting ballots at neighborhood polling places. Through this initiative, we have surveyed more than 1,300 polling places to identify barriers to access.

About a month ago, the Justice Department entered into a settlement agreement under the Initiative. That settlement agreement resolved a complaint by a Concord, New Hampshire voter who alleged that the City failed to provide an accessible ballot to that voter, who is blind.

And, a few weeks ago, the Department and Harris County, Texas agreed to make over 750 polling places accessible to voters with disabilities. In particular, the County agreed to create an effective system for selecting accessible facilities for polling places; survey polling place facilities to identify accessibility barriers; procure and implement temporary accessibility remedies, such as mats or ramps, during elections; and provide effective curbside voting. Harris County will also conduct accessibility surveys of nearly two-thirds of its polling places. In addition, Harris County will hire subject matter experts to provide technical assistance and training to the County’s staff, vendors, and election officials on how to provide accessible polling places, as well as to provide reports to the parties on the County’s progress in complying with the agreement.

The Civil Rights Division is committed to continuing this important work to guarantee the right to vote on behalf of all Americans, and we look forward to continuing to work with you. Good luck with your training today.

Title VI Consulting Offers On-Demand Webcasts for EO Officers and Title VI Coordinators | Compliance with Federal Civil Rights Laws and Conducting Discrimination Complaint Investigations (2019)

Friday, April 12th, 2019

OUR PROFESSIONAL DEVELOPMENT SERIES

As part of our Professional Development Series, we offer certificate-based webcast courses designed to help policymakers and professionals in the areas of equal opportunity, compliance, and complaint investigations gain a better understanding of the requirements of applicable federal civil rights laws. Our course selections are as follows:

How to Comply with Section 188 of the Workforce Innovation and Opportunity Act: A Comprehensive Overview

Conducting Discrimination Complaint Investigations under WIOA Section 188: Proper Process and Technique

How to Comply with Title VI of the Civil Rights Act of 1964: An Overview

Comments for our webcasts include “I thoroughly enjoyed them,” “extremely informative,” “outstanding,” “highly relevant,” and “very impressive.”

OUR ON-DEMAND WEBCASTS ARE:

    Convenient.

Watch the webcast of your choice at a time and place convenient to you. Get yourself, your staff, and your service providers, partners, and contractors up-to-speed quickly.

    Cost-effective.

At a cost of only $29.00 per webcast, you’ll find no more cost-effective solution to your training needs. There are no travel costs, and no lost time from work. These webcasts are the best value for your dollar!

    Content-rich.

Each webcast is packed with useful information, guidance, and helpful tips. Participants state that our webcasts are “excellent,” “very informative,” and “highly-organized.” Participants will receive a copy of the PowerPoint presentation used for the webcast.

    Certificate-based.

Within three to five business days, webinar participants receive, by email, a certificate of attendance at the training for their records.

COURSE DESCRIPTIONS

Title: How to Comply with Section 188 of the Workforce Innovation and Opportunity Act: A Comprehensive Overview

Date: AVAILABLE ON-DEMAND NOW! State Equal Opportunity officers, and leadership of workforce investment boards have required this training of staff, partners, service providers, and contractors, stating it is “very relevant” and delivers “extremely useful guidance.”

Duration: Approximately 52 minutes

Free Handouts Available for Download During the Webcast Are: The detailed PowerPoint presentation used during the webcast, a guidance paper on Equal Opportunity Officers and conflict of interest, sample “I speak” cards, and the PowerPoint presentation used during a Labor Department-hosted presentation on gender identity.

Description: This webcast provides a wealth of information, guidance, and tips to help you ensure compliance with the nondiscrimination and equal opportunity provisions of Section 188 of the Workforce Innovation and Opportunity Act of 2014 (WIOA) and related federal civil rights laws that apply to the administration, oversight, and delivery process for financially assisted programs and activities. In this webcast, we’ll cover a broad range of compliance issues, including taglines, assurances, Equal Opportunity officers (their selection and duties, and the recipients’ obligations in support of EO officers), serving persons with disabilities, serving LEP populations, differences between program complaints and discrimination complaints, harassment and hostile environment, and data collection, including requirements for the discrimination complaint log and storage of medical information.

Developed for: Whether you are a newly-appointed EO professional, or you are in need refresher training, this webcast is designed for state and local government EO officers, agency heads, legal advisors, contracting and procurement personnel, and other officials involved with issues of compliance with WIOA Section 188. Similarly, management and equal opportunity professionals for private companies and other organizations that contract with state and local governments to operate WIOA Title I-financially assisted programs and activities will find this webcast extremely useful and informative.

Title: Conducting Discrimination Complaint Investigations under WIOA Section 188: Proper Process and Technique

Date: AVAILABLE ON-DEMAND NOW!

Duration: Approximately 39 minutes

Free Handouts Available for Download During the Webcast Are: The detailed PowerPoint presentation used during the webcast, a credibility determinations job aid, and a full set of WIOA Section 188 discrimination complaint templates, including a sample discrimination complaint form and consent form, jurisdiction checklist, complaint investigation plans, and sample notices and letters.

Description: This webcast covers the discrimination complaint investigation process from start to finish, including determining jurisdiction, developing a complaint investigation plan, framing the issue of an investigation, developing interrogatories, preparing a letter of acceptance, gathering and analyzing information, interviewing the parties and witnesses, and writing the notice of final action. Each participant of this webcast will receive a set of templates that they may customize and use for their investigations, including a jurisdiction checklist, sample complaint investigation plans, sample notices rejecting a complaint, a sample letter of acceptance, and a sample notice of final action.

Participants also are encouraged to purchase our book titled, Discrimination Complaint Investigations under the Workforce Investment Act and other Title VI-Related Laws: From Intake to Final Determination. This 5-star rated guide contains numerous examples, sample questions for the parties, and detailed explanations of how to efficiently and effectively conduct and resolve or close a discrimination complaint investigation.

The electronic book is available for $9.99 per copy through iPad, Nook, Kindle, or the publisher at www.outskirtspress.com/civilrights.

Paperback cost: $19.99 per copy. To order the paperback version:

Go to www.outskirtspress.com/civilrights; or

Email the author at seena@titleviconsulting.com, and you will receive an invoice by PayPal ($2.50 per book is added for shipping).

Developed for: WIOA Equal Opportunity (EO) officers, Title VI coordinators, Title VI compliance officers, Title VI liaisons, and any other equal opportunity professionals responsible for conducting investigations of, and resolving, discrimination complaints involving federally-assisted programs and activities. While this webcast uses the nondiscrimination provisions of the Workforce Innovation and Opportunity Act of 2014 as the source of examples, the material in this webcast is equally applicable when conducting discrimination complaint investigations in any federally-assisted program or activity.

Through this webcast, equal opportunity professionals are provided the process and tools they need to get their jobs done efficiently and competently.

Title: How to Comply with Title VI of the Civil Rights Act: An Overview

Date: AVAILABLE ON-DEMAND NOW!

Duration: Approximately 42 minutes

Free Handouts Available for Download During the Webcast Are: The detailed PowerPoint presentation used during the webcast and sample “I speak” cards.

Description: This popular webcast provides an informative overview of how to comply with the nondiscrimination mandates of Title VI of the Civil Rights Act of 1964. Title VI applies to the administration, oversight, and delivery process of all state and local programs and activities that are federally-assisted. In this webcast, we’ll focus on the scope and meaning of Title VI of the Civil Rights Act, and we will touch on a variety of compliance-related issues, including environmental justice, serving limited English proficient populations, contracting and procurement, discrimination complaints, harassment and hostile environment, training, monitoring, and data collection. Participants will understand the meaning of race, color, and national origin-based discrimination through Ms. Foster’s use of a variety of easy-to-understand examples. And, participants will learn about surprising federal enforcement policies to include certain types of religious-based discrimination as prohibited under Title VI.

Developed for: Whether you are new to the field, or need refresher training, this webcast is designed for state and local government officials from any size agency or department, such as equal opportunity officers, Title VI liaisons, Title VI compliance officers, Title VI coordinators, agency heads, legal counsel, and contracting and procurement personnel. Also, management and equal opportunity professionals for private companies and other organizations that contract with state and local governments to operate federally-assisted programs and activities will find this webcast extremely useful. Whether you receive funding directly from a federal agency, or indirectly through a state or local agency, the federal civil rights requirements discussed in the webcast apply to you.

Once you have completed this webcast and understand the requirements of the federal civil rights laws that apply to your programs, and if you are responsible for conducting discrimination complaint investigations in these programs, we recommend that you take our course titled, “Discrimination Complaint Investigations under the Workforce Investment Act: Proper Process and Technique.” The sound investigative processes and techniques discussed in this webcast are easily applied to discrimination complaint investigations conducted in any federally-assisted program or activity.

FAIR HOUSING NEWS: Domestic Violence Survivor (Apr. 2019)

Sunday, April 7th, 2019

Dear Colleague,

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) announced today that it has approved a Conciliation/Voluntary Compliance Agreement between the owners of a Sunnyvale, California, apartment complex and a single mother of two who is a domestic violence survivor.

The agreement settles claims alleging that Essex Property Trust, Inc., and Essex Portfolio, L.P., discriminated against the woman based on her sex when they refused to remove her then-husband from her lease after she obtained a restraining order against him. Read the agreement.

The Fair Housing Act prohibits housing discrimination based on sex.

“Survivors of abuse shouldn’t be victimized by having their housing rights violated,” said Anna María Farías HUD’s Assistant Secretary for Fair Housing and Equal Opportunity. “HUD is committed to ensuring that housing providers are aware of their responsibilities under the Fair Housing Act and that they take steps to comply with those obligations.”

The case came to HUD’s attention when a single mother filed a complaint alleging that the manager of her apartment building discriminated against her because of her sex when she refused to remove the woman’s then-husband from the lease and change her locks, even after she had obtained a restraining order against him.

The woman alleged that the property manager ultimately agreed to change the locks but told the woman that her then-husband could still have a copy of the new key upon request. The woman alleged that she moved out of her apartment due to concern for her safety. The owners deny that they discriminated against the woman but agreed to resolve the complaint.

Under the terms of the agreement, Essex Property Trust, Inc., will pay the woman $20,000. In addition, Essex Property Trust and Essex Portfolio will implement a domestic violence policy at its more than 240 residential properties that addresses the safety and housing needs of tenants who experience domestic violence, and distribute the policy to its employees and agents. The agreement also requires that the owners’ regional manager and on-site property manager participate in fair housing training.

Persons who believe they have experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY).

Register for Upcoming FTA PTASP Webinars April 24 and April 30, 2019

Sunday, April 7th, 2019

The Federal Transit Administration (FTA) is hosting a webinar series to provide technical assistance to transit agencies on the Public Transportation Agency Safety Plan Final Rule. The rule requires:

certain rail and bus operators to develop safety plans to better manage safety risk using Safety Management Systems;

transit operators to certify they have a safety plan in place meeting the rule requirements by July 20, 2020; and

the safety plan to be updated and certified by the transit agency annually.

Registration is required for all webinar sessions. Previous sessions covering the basic components of the final rule have been archived on the PTASP resource page.

PTASP – Contractors and Other External Service Providers

2 p.m. ET Wednesday, April 24| Register

PTASP – Performance Based Planning, Transit Asset Management, and Public Transportation Agency Safety Plans (joint webinar with the Office of Planning & Environment and the Office of Budget and Policy)

2 p.m. ET Tuesday, April 30| Register

Save the Date April 23-25, 2019, EEO Training for Federal Agencies Drafting Final Agency Actions

Sunday, April 7th, 2019

The purpose of the next three days of training is to introduce you to the basic tools and techniques you need to draft effective EEO Final Actions in the federal sector. At the completion of this course, you will be able to: 1. Understand the basic elements and formats of various kinds of EEO Final Actions and when to use them; 2. Understand the importance of providing a complete procedural history leading to the Final Action; 3. Recognize a complete complaint/case file upon which a finding can be made; 4. Combine the legal analysis with the pertinent facts leading to the Final Action; 5. Provide a concise conclusion setting forth the findings.

Location of Training:

919 18th St, NW, Suite 800
Washington, DC, 20006

Register On-Line & Get More Information at: www.eeotraining.eeoc.gov

Contact Us at:

EEOC Training Institute – Federal Sector Training E-mail: federaltrainingandoutreach@eeoc.gov

Justice Department Settles Immigration-Related Discrimination Claim Against Housing Authority in Texas (Apr. 2019)

Monday, April 1st, 2019

The Justice Department today announced that it has reached a settlement agreement with the Housing Authority of Victoria, Texas (Housing Authority). The settlement resolves a complaint that the Housing Authority discriminated against a lawful permanent resident when it rejected his valid employment documents and fired him in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA). While it is illegal under the INA for employers to knowingly hire individuals without work authorization, it is also illegal under that law for employers to discriminate against lawful permanent residents, among other work-authorized immigrants, in the hiring process.

“Employers should not reject valid employment documents because of a lawful permanent resident’s citizenship status,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We look forward to working with the Housing Authority to ensure its compliance with the Immigration and Nationality Act.”

The Department’s investigation, which was initiated based upon the lawful permanent resident’s complaint, concluded that the Housing Authority improperly requested that the worker present more documents than necessary to prove his ability to work, thereby rejecting the identification and unrestricted Social Security card he already presented, based on his citizenship status. These actions constitute unfair documentary practices in violation of the INA.

The Department’s investigation also concluded that the Housing Authority improperly terminated the worker based on his citizenship status when he could not comply with its discriminatory document request. Under the INA, workers are allowed to choose from lists of acceptable documents to prove that they are authorized to work, and employers cannot reject valid documents or specify which documents the workers should present because of their citizenship. The INA also prohibits employers from firing U.S. citizens and those who are lawfully in the country and authorized to work based on their citizenship, immigration status, or national origin.

Under the settlement, the Housing Authority will offer to rehire the injured worker, provide him back wages, pay civil penalties to the United States, train employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring requirements.

The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination against individuals who are authorized to work based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.

More information on how employers can avoid unlawful discrimination when verifying that workers are eligible to work is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.

Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.

OFCCP: Celebrating Equal Pay Day (Apr. 2019)

Monday, April 1st, 2019

A few weeks ago we wrote to you about Women’s History Month, and the work OFCCP is doing to support women in the workplace.

Tomorrow we’re celebrating Equal Pay Day! On Equal Pay Day, OFCCP is reminded of the importance of pay parity and our commitment to equal employment compliance assistance.

Here are a couple of things you should know about equal pay and your rights under the law:

Gender-based discrimination in the rates of pay and other forms of compensation is prohibited under Executive Order 11246.

Individuals are entitled under federal law to report instances of alleged sex-based discrimination, and are protected against retaliatory behavior.

You can click here to learn more about how to file a complaint.

Federal contractors and subcontractors can review OFCCP Directive 2018-05 to learn more about OFCCP’s approach to conducting compensation evaluations. We also have answers to Frequently Asked Questions about our approach.