November 30, 2023

The Department of Justice (DOJ) recently announced that it had reached a settlement agreement with a major nationwide telecommunications services provider. This settlement addressed allegations that the provider committed immigration-related discrimination. Specifically, it resolved claims that the latter violated the anti-discrimination provisions of the Immigration and Nationality Act (INA).

According to the DOJ, the telecommunications provider violated the INA through a recruitment platform. The Georgia Institute of Technology ran an on-campus recruitment platform used by the provider. Here, the provider posted several dozen discriminatory job advertisements.

The investigation began when a lawful permanent resident attending the university as a student filed a complaint with the DOJ. According to the complaint, the telecommunications provider advertised an internship opportunity limited to U.S. citizens only. During the investigation, the DOJ discovered dozens of ads that violated the INA. The Department also found ones posted by the employer involved in the settlement.

Allegedly, the job postings excluded asylees, refugees, lawful permanent residents, and, on one occasion, U.S. citizens. The DOJ also revealed that the employer used the recruiting platform to exclude various students. According to the Department’s findings, the company used the platform’s automatic features to dismiss students based on their citizenship status specifically.

The INA’s anti-discrimination provision forbids employers and recruiters from limiting positions based on citizenship or immigration status. The only time they may limit offers is when a law requires it. The INA prohibits discrimination during recruitment, hiring, and firing processes. It also protects covered individuals, such as asylees, refugees, lawful permanent residents, and U.S. citizens and nationals.

This settlement will require the company to pay a civil penalty of $459,895. The employer must also train relevant staff on the INA’s anti-discrimination provision. In addition, the company agreed to comply with the INA in all future recruitment efforts.

The DOJ also announced that it held the university hosting the recruitment platform and 31 employers accountable for discrimination. According to the Department, the platform empowered the employers, and the latter utilized it to discriminate based on citizenship status. Assistant Attorney General Kristen Clarke also commented the following:

“These agreements have secured more than $2.5 million in civil penalties and demonstrate the department’s commitment to ensuring that college students and graduates embarking on their careers have a fair chance to compete for jobs.”

Employers should ensure they comply with the INA, as the DOJ has proven it will continue pursuing enforcing INA regulations. One key area of compliance with this law employers should monitor is the employment eligibility verification (Form I-9) process. The best way to comply with this process is with an I-9 management tool. This tool will guide personnel through every stage of the verification process and help ensure uniform compliance.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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