Contacts
 








Keyword Site Search








Landscaping Company Fined for Hiring H-2b Workers
Settlement with the Justice Department

image

The Civil Rights Division of the Justice Department has an Immigrant and Employee Rights Section that is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA). Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for free; unfair documentary practices; and retaliation and intimidation.


The Justice Department reached a settlement agreement with Triple H Services LLC, (Triple H), a landscaping company based in Newland, N.C., that conducts business in Virginia and four other states. The agreement resolves the Department's investigation into whether Triple H discriminated against qualified and available U.S. workers based on their citizenship status by preferring to hire temporary workers with H-2B visas, in violation of the Immigration and Nationality Act (INA).
The Department's investigation found that although Triple H went through the motions of advertising over 450 landscape laborer vacancies in five states, it did so in a manner that misled U.S. workers about the available positions and prevented or deterred some from applying.
The Department found that Triple H did not consider several qualified U.S. workers who applied for positions in Virginia during the recruitment period, and instead hired H-2B visa workers. In several states where jobs were available, the Department found that Triple H prematurely closed the online job application process for U.S. worker applicants, filled positions with H-2B visa workers without first advertising the jobs to U.S. workers in the relevant locations, or advertised vacancies in a manner that did not make the postings visible to job seekers using state workforce agency online services.
The Department concluded that in taking these actions, Triple H effectively denied U.S. workers access to jobs based on its preference for hiring temporary H-2B visa workers to fill the positions.
Under the settlement, Triple H must establish a back pay fund, with a cap of $85,000, to compensate certain individuals who were harmed by its practices. The agreement also requires Triple H to pay $15,600 in civil penalties, engage in enhanced recruitment activities to attract U.S. workers, and be subject to Departmental monitoring for a three-year period.







Widget is loading comments...


September 25, 2018, 10:46 am PDT

Website problems, report a bug.
Copyright © 2018 Landscape Communications Inc.