FOR IMMEDIATE RELEASE
Wednesday, March 8, 2000
WWW.USDOJ.GOV
(202) 616-2007
TDD (202) 514-1888

MARYLAND COMPANY WILL PAY MORE THAN $230,000
TO SETTLE DISCRIMINATION COMPLAINT
WITH THE JUSTICE DEPARTMENT

Washington , D.C.-- A Maryland food processing plant that required certain work authorization documents from some, but not all, employees has agreed to pay $97,000 in civil penalties and contribute $135,000 to a worker security fund to settle discrimination complaints filed by the Justice Department and a workers’ union on behalf of more than 660 legal immigrant workers. The Justice Department’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) sued Townsend Culinary, Inc., of Laurel, Maryland in October 1997, after investigating charges brought by the United Food and Commercial Workers Union Local 400 on behalf of two female Salvadoran immigrants. OSC’s investigation revealed that Townsend illegally fired the two women, who were authorized to work in the United States, because they did not produce work authorization documents issued by the Immigration and Naturalization Service (INS). Townsend denies that it discriminated against anyone.

Today’s settlement resolves actions against Townsend which, in August 1999, was ordered by Administrative Law Judge Joseph E. McGuire to pay $367,000 in civil penalties to the U.S. Treasury and more than $13,400 in back pay to the two workers, Delmy Guerrero and Ana Torres. The company appealed Judge McGuire’s decision to the Fourth Circuit Court of Appeals, and under the terms of this settlement, will withdraw its appeal.

"Today’s settlement makes it clear that authorized workers have a legal remedy to fight discrimination at work," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights.

In his decision, Judge McGuire found that Townsend discriminated against Guerrero, Torres and other non-U.S. citizens by requiring them to present INS-issued documents while allowing U.S. citizens to present any acceptable documents to satisfy INS form I-9 requirements. The judge held that Townsend’s conduct constituted a pattern or practice of document abuse and citizenship status discrimination against non-U.S. citizens.

"This is a victory not only for the immigrant women workers who had the courage to come forward, but for all workers. Immigrant workers do not have to fight discrimination alone," said Special Counsel, John Trasviña.

OSC was established in 1987 to ensure that all work-authorized individuals — U.S. citizens and non-U.S. citizens alike — are not subject to discrimination because of their national origin or citizenship status. Individuals seeking more information about assistance provided by OSC may call 1-800-255-7688 (toll free) or (202) 616-5594 or write to:

Office of Special Counsel for Immigration Related Unfair Employment Practices
P.O. Box 27728
Washington, D.C. 20038-7728
E-mail: osc.crt@usdoj.gov
http://www.usdoj.gov/crt/osc

FOR IMMEDIATE RELEASE
Monday, April 10, 2000
WWW.USDOJ.GOV
(202) 616-2007
TDD (202) 514-1888

ATLANTA JOURNAL CONSTITUTION TO PAY
OVER $81,000 TO SETTLE WORKPLACE DISCRIMINATION
CHARGE WITH DEPARTMENT OF JUSTICE

Washington , D.C.-- The Atlanta Journal Constitution today agreed to correct its hiring practices and pay more than $80,000 in back pay and penalties to settle immigration related job discrimination charges in an agreement reached with the Justice Department.

As part of the settlement, the company will hire two workers who were unlawfully denied jobs, pay the two $4,996.00 in back pay, correct its hiring policies, receive training from the Justice Department, and pay $76,925 in civil penalties to the U.S. government.

"Today's settlement demonstrates that companies can and must maintain hiring practices that comply with all laws," said John Trasviña, Special Counsel. "It is the product of cooperation from a company that stepped forward to correct a problem when we discovered it."

The settlement stems from a November 1999 charge forwarded by the Atlanta District Office of the Equal Employment Opportunity Commission (EEOC) to the Justice Department’s Office of Special Counsel for Unfair Immigration Related Unfair Employment Practices. According to one of the complaints, Yolanda Hernandez, a naturalized U.S. citizen, was denied a mail room position after the company rejected her Social Security card and driver's license -- both of which were valid. She was then asked to present a U.S. passport or naturalization certificate as a condition of being hired. Under the law, the first two documents would have sufficed.

In the second case, the company refused to accept documents from and denied a job to Fartun Noor, another qualified and work authorized job applicant.

The Atlanta Journal Constitution is a division of Cox Enterprises, Inc.

The Office of Special Counsel was established to ensure that all work-authorized individuals--U.S. citizens and non-citizens
alike--are not subject to discrimination in the hiring process because of their national origin or citizenship status. Individuals
seeking more information or assistance provided by OSC may call toll-free, 1-800-255-7688 or 202-616-5594 or write to:

Office of Special Counsel for Immigration Related Unfair Employment Practices
P.O. Box 27728
Washington, D.C. 20038-7728
E-mail: osc.crt@usdoj.gov
http://www.usdoj.gov/crt/osc

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FOR IMMEDIATE RELEASE
Monday, April 10, 2000
WWW.USDOJ.GOV
(202) 616-2007
TDD (202) 514-1888

DENNY’S TO RETRAIN MANAGERS TO SETTLE
DISCRIMINATION CHARGES WITH THE JUSTICE DEPARTMENT

Washington , D.C.-- Reflecting a cooperative effort between government and private business, Denny’s, Inc. today agreed to retrain all of its managers at its company-owned restaurants on the proper procedures for verifying that a new employee is eligible to work in the United States, the Justice Department announced today.

The agreement resolves an investigation alleging that managers in its company-owned restaurants in San Diego requested specific documents from newly hired non-citizen employees proving they were eligible to work in the United States. Under the law, however, employers may not demand specific identification documents, but must allow newly hired employees to choose which of several documents they want to produce to prove they are eligible to work here.

“Immigration law gives each new worker the right to choose which document or documents to present in seeking to establish that they are eligible to work in the United States. Today’s settlement protects this right for all workers," said John Trasviña, Special Counsel for Immigration Related Unfair Employment Practices. "We are pleased by the company's cooperative spirit in resolving the matter."

Today’s agreement follows an 18-month investigation by the Justice Department’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC).

As part of the settlement, Denny’s will retrain all of its company restaurant managers and post notices in all 1,700 company-owned restaurants on proper employment eligibility verification procedures to ensure fairness in applying the law and preserving jobs for all those who are legally eligible to work. In addition, the company will pay $89,400 in civil penalties.

"Even though the investigation focused solely on San Diego area restaurants, Denny’s is taking steps to ensure that managers at every one of its company owned restaurants across the country do not make the same mistake," added Trasviña.

The Office of Special Counsel was established by Congress under the Immigration Reform and Control Act of 1986 which prohibits employment discrimination based on national origin and citizenship status. Individuals seeking more information about assistance provided by OSC, may call toll-free, 1-800-255-7688 or 202-616-5594, or write to:

Office of Special Counsel for Immigration Related Unfair Employment Practices
P.O. Box 27728
Washington, D.C. 20038-7728
E-mail: osc.crt@usdoj.gov
http://www.usdoj.gov/crt/osc

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