Submitted: May 15, 2018
from United States District Court for the District of
Nebraska - Omaha.
SMITH, Chief Judge, BEAM and COLLOTON, Circuit Judges.
Beef, Ltd. ("Nebraska Beef") appeals the district
court's grant of summary judgment to the
government in this action to enforce a settlement agreement.
2012, the United States Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC),
section in the Department of Justice (DOJ), began an
investigation into Nebraska Beef, a meat-packing company. The
investigation sought to determine whether the company
discriminated against immigrant workers in violation of 8
U.S.C. § 1324b. Specifically, the OSC alleged that
Nebraska Beef unlawfully required work-authorized immigrants
to provide certain documents not required of non-immigrants.
See 8 U.S.C. § 1324b(a)(6).
2015, rather than proceed into litigation, the government and
Nebraska Beef entered into a settlement agreement. The
agreement required Nebraska Beef to pay a $200, 000 civil
penalty and to provide back pay to those who were not hired
as a result of the practice or whose hiring was delayed by
it. Nebraska Beef also agreed not to engage in any such
practices in the future. The third and fourth opening
recitals of the agreement set forth the parties'
positions on liability:
WHEREAS, the Office of Special Counsel concluded based upon
its investigation that there is reasonable cause to believe
that Respondent used documentary practices based on
citizenship status in violation of [8 U.S.C. §
WHEREAS, Nebraska Beef denies that it has used any
documentary policies or practices based on citizenship status
in its employment eligibility verification process in
violation of 8 U.S.C. § 1324b(a)(6).
Appellant's Add. at 10.
3(b) stated, "The Office of Special Counsel maintains
its right, as a federal agency statutorily charged with
serving and educating the public regarding the scope of its
enforcement activities, to notify the public, including but
not limited to individuals [Nebraska Beef] identifies and
notifies pursuant to paragraph 3, about this Agreement."
Appellant's Add. at 11.
Beef signed the agreement on August 20, 2015, and the
government executed it four days later. That same day, the
OSC issued a press release announcing the agreement on the
DOJ website. The webpage also linked to a copy of the
settlement agreement. The first two paragraphs of the release
The Justice Department announced today that it reached a
settlement with Nebraska Beef Ltd., a meat packing company
headquartered in Omaha, Nebraska. The settlement resolves an
investigation by the Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC) into
whether the company was engaging in employment discrimination
in violation of the Immigration and Nationality Act (lNA). In
particular, OSC investigated whether the company was
requiring non-U.S. citizen employees, because ...