Justice Department Files a Lawsuit Alleging Employment Discrimination by Georgia Rug Manufacturer and Seller

/PRNewswire/ -- The Justice Department today filed a lawsuit against Garland Sales Inc., a rug manufacturer and seller located in Dalton, Ga., alleging it engaged in a pattern or practice of discrimination by imposing unnecessary and discriminatory hurdles to employment for work authorized individuals.

According to the department's findings, Garland required all non-U.S. citizen applicants to present certain work authorization documents. The Immigration and National Act (INA) requires that employers not impose different or greater employment eligibility verification (I-9) standards on non-citizen authorized workers as compared to U.S. citizens. Garland imposed different and greater requirements on non-U.S. citizens as compared to applicants who were U.S. citizens.

Moreover, the department found that Garland retaliated against a limited English proficient naturalized U.S. citizen, when it rescinded a job offer. Specifically, Garland requested the individual produce a "Green Card" (Form I-551 Resident Alien Card), which the applicant did not have because he is a U.S. Citizen. When the applicant did not produce this document and voiced concern about being asked to produce it, Garland withdrew his offer of employment.

"The INA's anti-discrimination provision makes it illegal to impose different rules for establishing work authorization based on actual or perceived citizenship status," said Thomas E. Perez, the Assistant Attorney General in charge of the Civil Rights Division. "Our Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) is acting now to remedy this illegal pattern or practice of discrimination."

The lawsuit charging Garland was filed in the department's Executive Office for Immigration Review - Office of the Chief Administrative Hearing Officer (OCAHO).

The Civil Rights Division's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provisions of the INA, which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination. The INA also protects all work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process, and retaliation.

Earlier this month, OSC entered into an out-of-court settlement with Macy's department stores to settle allegations that a store in Orlando, Fla., committed document abuse and discriminated against a legal permanent resident by requesting more work authorization documents than are required to establish eligibility under the Form I-9. As part of the settlement, Macy's has agreed to train its human resources employees in its Orlando area stores about federal protections for workers against citizenship status and national origin discrimination, and properly conducting the employment verification process.

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MFG Chemical Agrees to Pay Civil Penalty for Toxic Explosion at Georgia Plant

/PRNewswire/ -- MFG Chemical, Inc., has agreed to pay $270,000 in civil penalties to resolve claims resulting from a toxic release on April 12, 2004 of extremely hazardous chemicals at the company's Dalton, Ga., plant, the Justice Department announced today.

The toxic release resulted from a runaway reaction at the plant when MFG, upon its initial production run for triallyl cyanuarate, mixed allyl alcohol with other chemicals, leading to an extreme increase in temperature and causing an explosion that released toxic gases to the atmosphere.

As a result, the surrounding community within a half mile radius of the MFG plant was evacuated. Over 150 people, including several emergency responders, were treated for exposure at the local hospital. One-half mile of vegetation south of the MFG plant was also burned and much of the aquatic life was killed throughout several miles of surrounding creeks which were contaminated by the water sprayed on the toxic vapor cloud in an attempt to control the vapor release.

The complaint, filed today in U.S. District Court for the Northern District of Georgia, alleges that MFG failed to adhere to the Clean Air Act's general duty of care provision. The general duty of care requirement obligates companies handling extremely hazardous substances to take preventative measures to identify the risks involved and to reduce the risks by providing layers of protection on their equipment such as high temperature alarms, automatic feed shut off mechanisms, adequate pressure relief systems and a vapor release recovery and containment system. The complaint alleges MFG failed to identify the risk of a runaway reaction through its failure to calculate the temperature/time profile and to have appropriate layers of protection in place prior to the incident.

MFG has implemented measures to address conditions at the plant contributing to the explosion and release, including halting the use of allyl alcohol and hiring an experienced safety engineer to oversee its compliance with its Clean Air Act obligations. MFG also paid for the clean up of surrounding contaminated creeks. The $270,000 reflects the civil penalty that the United States determined MFG has the financial ability to pay.

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Shaw Expansion Brings Up to 200 New Jobs to Calhoun

Longtime Georgia manufacturer to re-commission idled facility

Georgia Governor Sonny Perdue announced today that Shaw Industries Group, Inc., will expand its manufacturing operations in Calhoun, creating up to 200 new jobs.
“It’s great news for Georgia that one of our longtime manufacturers is planning for future growth in the state,” said Governor Sonny Perdue. “It is a testament to the strength of our workforce and infrastructure that, even during this economic downturn, Shaw still finds Georgia the best place to invest in its future.”

Shaw plans an overall expansion of operations within its carpet division and will occupy its formerly idled facility in Calhoun, investing in equipment and infrastructure to increase the company’s capacity to process filament yarn, which is used in residential carpet products. Shaw expects the facility’s expansion to be completed by mid-2010, in time to meet customer demand and to allow for future growth in this segment of its business.

“Our commitment to our customers and future growth drives our long-range planning,” said Vance Bell, Shaw Industries CEO. "This expansion of operations, which is located in a community and state we’ve had great experiences with, will give us the best competitive advantage and position for the long term.”

Georgia’s top-ranked Quick Start program will provide customized workforce training as a key part of the state’s support for Shaw’s expansion. Since 1967, Georgia Quick Start has delivered nearly 6,000 training projects helping qualified companies assess, select and train employees for successful startups and expansions.

Georgia Department of Economic Development (GDEcD) Regional Project Manager Brooks Mathis assisted the company with its location, as did the Development Authority of Gordon County.

“We appreciate the investment and the large number of jobs that will be created in our community. The team effort put together by our local representatives, the State of Georgia and Shaw Industries has made this project possible. The future is bright because of the partnership we have with Shaw,” said Larry Roye, Chairman of the Development Authority of Gordon County.

Previous Shaw employees in the community who have been displaced over the past few months due to economic conditions will be given the first opportunity to fill the new positions.

About Shaw Industries Group

Shaw Industries Group, Inc., a subsidiary of Berkshire Hathaway, Inc., is the world’s largest carpet manufacturer and a leading floor covering provider with $5 billion in annual sales and approximately 26,000 associates. Headquartered in Dalton, Ga., the company manufactures and distributes carpeting, rugs, hardwood, laminate and ceramic tile for residential and commercial applications worldwide. A recognized leader in environmental stewardship, Shaw has implemented hundreds of sustainability initiatives and cradle to cradle design solutions, collectively termed the Shaw Green Edge. For more information, visit www.shawfloors.com.
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Pliant Announces Expansion Plans for Dalton, GA Facility

/PRNewswire/ -- Harold Bevis, Chief Executive Officer of Pliant Corporation announced today that Pliant will be keeping the Dalton, GA manufacturing facility open, and in fact, has plans to upgrade and expand it. Stabilized markets, strong customer preference and local and state incentives led to this decision by Pliant.

"The city of Dalton, Dalton Utilities, Whitfield County and the Georgia Department of Economic Development have created a very appealing place to do business and grow. Governor Sonny Perdue's support of our expansion plans and the favorable manufacturing environment were instrumental in our decision. We envision the Dalton facility becoming a second Medical Center of Excellence to complement the Medical Center of Excellence under construction in Danville, Kentucky. Since the closure announcement in April, 2008, Dalton personnel have continued to operate safely, efficiently and professionally. We are very pleased to express our appreciation of that commitment, and we are now able to secure their future with Pliant," stated Mr. Bevis.

Pliant also operates 2 additional facilities in the state of Georgia, and is in the process of expanding their Washington facility in Wilkes County.

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Pilgrim's Pride to Close Processing Facility in Dalton, Ga., as Part of Reorganization

/PRNewswire / -- Pilgrim's Pride Corporation (Pink Sheets: PGPDQ) today announced plans to close its chicken processing plant in Dalton, Ga., within 60 days and consolidate production at the company's processing facility in Chattanooga, Tenn. These actions are aimed at improving the company's capacity utilization and reducing its costs.

Approximately 280 employees who work at the Dalton plant will be affected by the closing. Pilgrim's Pride will provide transition programs to employees whose positions are eliminated to assist them in securing new employment, filing for unemployment and obtaining other applicable benefits. The hatchery in Cohutta, Ga., will continue to operate. Other live production operations will also continue to function, but as a part of the Chattanooga complex or other nearby operations. Approximately 120 independent contract growers who currently supply birds to the Dalton processing plant will be transitioned to begin supplying the company's Chattanooga plant or other nearby company facilities within approximately 90 days.

There will not be any disruption in the supply of product to retail, foodservice and industrial customers as a result of closing the Dalton facility.

"The closing of the Dalton plant is part of our plan to maximize our capacity utilization and operate more efficiently as a market-driven company," said Don Jackson, president and chief executive officer. "We will continue to look for opportunities to improve our cost structure as we reorganize the company. While the decision to eliminate jobs is always painful, we are taking decisive steps now to protect the greatest number of jobs in order to restructure our business and ultimately emerge from Chapter 11 as a stronger, more efficient competitor."

As previously announced, the Company filed voluntary Chapter 11 petitions on December 1, 2008. The Chapter 11 cases are being jointly administered under case number 08-45664. The Company's operations in Mexico and certain operations in the United States were not included in the filing and continue to operate as usual outside of the Chapter 11 process.

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