The Department of Justice today announced that it has reached an agreement with Igloo Products Corp., a company that produces coolers, jugs and hydration products, based in Katy, Texas. The regulation resolves the department’s claims that Igloo did not consider workers in the United States (such as U.S. citizens, U.S. nationals, asylum seekers, refugees, and recent legal permanent residents) for some jobs because the company has reserved these positions for workers with temporary work visas. .
The department’s investigation concluded that Igloo had not considered applicants in the United States for seasonal production assistance positions because the company assumed that American workers would not be interested in temporary seasonal employment. . Instead, Igloo reserved its seasonal production assistant positions for workers with H-2B visas based on their immigration status. Under the Immigration and Nationality Act (INA), employers generally cannot discriminate on the basis of citizenship, immigrant status, or national origin at any stage of the hiring process. Additionally, the Department of Labor requires that employers applying for permission to hire H-2B workers first hire all qualified and available U.S. workers who apply by the applicable deadline.
âEmployers cannot favor workers with temporary visas and ignore applications for skilled American workers due to assumptions based on citizenship or immigration status,â said Assistant Attorney General Kristen Clarke of the Human Rights Division. civil rights of the Ministry of Justice. âThe Department of Justice will not tolerate illegal discrimination in employment and is committed to holding offenders accountable. “
Under the settlement agreement, Igloo will pay $ 21,000 in civil penalties to the United States and pay $ 40,000 in back wages available to eligible victims of discrimination. Igloo will also change its policies and procedures to comply with the INA’s anti-discrimination provision, train its employees in the requirements of the law, undertake additional recruitment efforts before applying for H-2B visas in the future, and will be subject to monitoring for three – a period of one year to ensure that the company complies with the agreement.
The Immigrant and Employee Rights Section (IER) of the Civil Rights Division is responsible for enforcing the anti-discrimination provision of the INA. The law prohibits discrimination based on citizenship status and national origin in hiring, firing, recruiting or counseling for pay; unfair documentary practices; and reprisals and intimidation.
Learn more about the work of the IER and how to get help with this short video. Candidates or employees who believe they have been discriminated against because of their citizenship, immigration status or national origin during hiring, firing, recruiting or during the process of verifying eligibility for the ’employment (Form I-9 and E-Verify); or subjected to reprisals can file a complaint. The public can also contact the IER worker hotline at 1-800-255-7688; call the IER employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for the hearing impaired); email [email protected]; sign up for a free webinar; or visit the IER English and Spanish websites. To subscribe to GovDelivery to receive IER updates. See the Spanish translation of this press release here.