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Immigration Prosecution-Employer Sentenced To 8 Mos for Employing Illegal Aliens

A Kentucky restaurant owner was sentenced to eight months in federal prison after pleading guilty to knowingly employing illegal aliens. He was previously the subject of an investigation conducted by U.S. Immigration and Customs Enforcement (ICE).

The restaurant owner plead guilty to knowingly employing at least 10 illegal aliens at his restaurant between November 2006 and November 2007 for commercial advantage and financial gain. He was also sentenced to serve three years of supervised release following his release from prison.

pdf [Review The ICE Memorandum About the Employer Jail Sentence].

 

Victims of Sex Harassment Retaliation For Witness Participation In Investigations Can Sue

Employees who witnessed sexual harassment can sue for sexual harassment retaliation if their employer mistreats them as a result of their participation in the investigation, according to the U.S. Supreme Court ruling on January 26, 2009. Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. 06-1595.

This Supreme Court ruling is designed to encourage employees to speak out when they are witnesses to sexual harassment without fear of reprisal. It also serves to encourage employers to conduct fair, complete and thorough investigations of allegations of sexual harassment. With this ruling, employees are protected from retaliation which assures both employers and employees that information provided by employee witnesses are accurate and truthful.
pdf [Review the entire Supreme Court Ruling on Sexual Harassment Retaliation].

 

Sexual Harassment cases may be filed in Illinois State Courts

Victims of Sexual Harassment and Hostile Environment are now able to file sexual harassment lawsuits in Illinois State Courts effective January 1, 2009. Such cases can be filed in the various states courts in Chicago, Chicago Suburbs and Downstate Illinois.

In the past, employees with charges of sexual harassment charges before the EEOC and Illinois Department of Human Rights only had two forums where they could bring a lawsuit – Federal Court or the Illinois Human Rights Commission. Now, individuals who have filed a charge of discrimination at the Illinois Department of Human Rights (IDHR) also have the option of filing a lawsuit in Illinois State Court. This will affect those filing lawsuits of racial harassment, age discrimination as well as other forms of discrimination and harassment.

Who Can File State Court Lawsuit of Sexual Harassment

To be eligible to file a sexual harassment case in Illinois State Courts, a charge of discrimination or harassment must have been filed with the Illinois Department of Human Rights (IDHR) after January 1, 2008. One can then elect to file a complaint in State Court under the following circumstances:

  • The Illinois Department of Human Rights issues a finding of substantial evidence and one elects not to have the Department file a complaint with the Human Rights Commission.
  • The Illinois Department of Human Rights issues a finding of lack of substantial evidence.
  • The Illinois Department of Human Rights fails to issue a finding within 365 days of the charge being filed (or longer if an extension was signed by both parties).

Differences Between State Courts And Human Rights Commission

Unlike the Illinois Human Rights Commission, State Court allows a case to be heard and decided by a jury of your peers. At the Human Rights Commission it is up to an Administrative Law Judge to determine the outcome of particular case, including, the amount of damages that should be awarded. In State Court, however, this role may be undertaken by a Jury. This creates the possibility of larger awards in State Court than the Human Rights Commission. However, the discovery process is more extensive in State Court and the cost of prosecuting a claim in State Court may be higher than proceeding at the Human Rights Commission.

 

ICE Employer Sanction For Immigration Violations - Illegal Alien Employer Sentenced

U.S. Immigration and Customs Enforcement (ICE) reports that a former owner of an Asian buffet restaurant in Vacaville, California, has been sentenced to eight months of home confinement and three years probation, February 9, 2009.

The case came after an ICE raid that resulted in the arrest of 21 illegal alien workers. The judge noted that the defendant conspired with an employment agency to hire aliens, who, due to their illegal status, were vulnerable to exploitation. The defendant had benefitted financially by not paying taxes, fees and proper salaries for the illegal employees. The employer admitted that from June 2006 until September 2008, he hired and assisted in the hiring of employees he knew were illegal aliens. The business hired at least 13 undocumented workers during that time. [Review The ICE Memorandum About the Employer Sentence].

 

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