RECENT DOJ ENFORCEMENT ACTIONS
Justice Department Resolves Citizenship Status Discrimination Charge Against Pennsylvania Employer Sernak Farms (12-14-2011) WASHINGTON – The Justice Department announced today that it has reached a settlement agreement with S.W.J.J. Inc., or Sernak Farms, based in Weatherly, Penn., to settle allegations that Sernak engaged in discrimination on the basis of citizenship status by preferring to hire temporary visa holders over U.S. citizen applicants and adversely treating its U.S. citizen employees. The underlying charge was filed by Philadelphia Legal Assistance on behalf of eight U.S. citizens residing in Puerto Rico.
The Department of Justice investigation indicated that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers. Of the five U.S. citizens it did hire, the department’s investigation suggested that Sernak treated them differently than Sernak’s foreign national employees in their terms and conditions of employment, and then dismissed them because of their citizenship status. The Immigration and Nationality Act (INA) generally prohibits employers from hiring or terminating employees because of their citizenship status.
Under the terms of the settlement, Sernak has agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. Sernak has also agreed to provide its employees training on the anti-discrimination requirements of the Immigration and Nationality Act (INA), adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement.
"All workers who are authorized to work in the United States have the right to look for a job without encountering discrimination because of their immigration status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are glad to have reached a settlement with Sernak and we look forward to continuing our work with public and private employers to educate them about anti-discrimination protections and employer obligations under the law."
The Department of Justice investigation indicated that Sernak hired three foreign national workers under the H2-A visa program without considering hiring three of the eight U.S. citizens because of the belief that H2-A visa holders are more diligent than U.S. workers. Of the five U.S. citizens it did hire, the department’s investigation suggested that Sernak treated them differently than Sernak’s foreign national employees in their terms and conditions of employment, and then dismissed them because of their citizenship status. The Immigration and Nationality Act (INA) generally prohibits employers from hiring or terminating employees because of their citizenship status.
Under the terms of the settlement, Sernak has agreed to pay $30,000 in back pay to the eight injured parties, who are U.S. citizens residing in Puerto Rico. Sernak has also agreed to provide its employees training on the anti-discrimination requirements of the Immigration and Nationality Act (INA), adopt nondiscrimination policies with respect to recruitment and hiring, and maintain and submit records to the Department of Justice for the three-year term of the agreement.
"All workers who are authorized to work in the United States have the right to look for a job without encountering discrimination because of their immigration status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We are glad to have reached a settlement with Sernak and we look forward to continuing our work with public and private employers to educate them about anti-discrimination protections and employer obligations under the law."
Justice Department Enters into a Consent Decree with Bolivar County, Miss., Sheriff Consent Decree Resolves Claims of Retaliation Against Employee
Justice Department Enters into a Consent Decree with Bolivar County, Miss., Sheriff Consent Decree Resolves Claims of Retaliation Against Employee WASHINGTON (12-14-2011)– The Department of Justice announced today that it has entered into a consent decree that, if approved by the court, will resolve the department’s claims that H.M. Grimmett, sheriff of Bolivar County, Miss., retaliated against Robert E. Brown, a former employee of the sheriff.
The government’s complaint, which was filed along with a consent decree in the U.S. District Court for the Northern District of Mississippi, alleges that the sheriff, through the acts of Warden Thomas Taylor, subjected Mr. Brown to discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges that Mr. Brown was terminated by Warden Taylor from his position as chief of security at the Bolivar County Regional Correctional Facility (BCRCF) because Mr. Brown filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
Under the terms of the consent decree, the sheriff will implement policies and procedures addressing employment discrimination and the avenues by which BCRCF employees may submit complaints of discrimination. The sheriff will also use, at the sheriff’s expense, the Outreach, Education and Training Section of the EEOC’s Birmingham District Office to provide live training to all of the sheriff’s employees with supervisory responsibilities on the law of equal employment opportunity, including Title VII’s prohibition against subjecting persons who engage in activity protected under Title VII to retaliation. Additionally, the sheriff will pay Mr. Brown a $53,500 monetary award.
“Title VII protects employees from retaliation when they oppose employment discrimination. The Department of Justice is committed to enforcing Title VII’s anti-retaliation provisions, which are critical to its anti-discrimination protections,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “A person cannot be terminated from his position for filing a charge of discrimination.”
“All workers have the right to go to work without facing discrimination and without having to suffer retaliation for engaging in protected activity under Title VII,” said Felicia C. Adams, U.S. Attorney for the Northern District of Mississippi. “We hope this case sends a strong message that this type of activity is unacceptable and that the Department of Justice will vigorously pursue such violations of Title VII.”
The government’s complaint, which was filed along with a consent decree in the U.S. District Court for the Northern District of Mississippi, alleges that the sheriff, through the acts of Warden Thomas Taylor, subjected Mr. Brown to discrimination in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleges that Mr. Brown was terminated by Warden Taylor from his position as chief of security at the Bolivar County Regional Correctional Facility (BCRCF) because Mr. Brown filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
Under the terms of the consent decree, the sheriff will implement policies and procedures addressing employment discrimination and the avenues by which BCRCF employees may submit complaints of discrimination. The sheriff will also use, at the sheriff’s expense, the Outreach, Education and Training Section of the EEOC’s Birmingham District Office to provide live training to all of the sheriff’s employees with supervisory responsibilities on the law of equal employment opportunity, including Title VII’s prohibition against subjecting persons who engage in activity protected under Title VII to retaliation. Additionally, the sheriff will pay Mr. Brown a $53,500 monetary award.
“Title VII protects employees from retaliation when they oppose employment discrimination. The Department of Justice is committed to enforcing Title VII’s anti-retaliation provisions, which are critical to its anti-discrimination protections,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “A person cannot be terminated from his position for filing a charge of discrimination.”
“All workers have the right to go to work without facing discrimination and without having to suffer retaliation for engaging in protected activity under Title VII,” said Felicia C. Adams, U.S. Attorney for the Northern District of Mississippi. “We hope this case sends a strong message that this type of activity is unacceptable and that the Department of Justice will vigorously pursue such violations of Title VII.”
