The Department of Justice (DOJ) recently reached a settlement agreement with eTeam Inc. (eTeam), a worldwide staffing agency. This agreement resolves the DOJ’s determination that the company violated the Immigration and Nationality Act (INA). According to the settlement, eTeam excluded workers with valid work authorization from job opportunities based on their immigration or citizenship status. As such, the company deliberately discriminated against non-U.S. citizens despite their permission to work in the United States.

The DOJ’s investigation began on March 14, 2022. The department notified eTeam of its intention to investigate the organization, explaining its suspicions of unfair employment practices that violate the INA. According to the DOJ’s investigation, the department discovered reasonable cause for its suspicions. The results revealed that the employer engaged in a pattern of discrimination in recruiting and hiring based on citizenship status.

At multiple points in 2021, the employer distributed job advertisements restricting positions to U.S. citizens. According to the DOJ, this practice harmed lawful permanent residents, asylees, and refugees with valid work authorization. As such, the DOJ argued how these restrictions deterred individuals from applying. The department also claimed that the practice prevented the company from adequately considering those who did apply.

Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division announced, “Staffing companies cannot engage in hiring and recruiting practices that unlawfully exclude or deter people with permission to work in the United States because of their citizenship or immigration status. The Justice Department will continue to hold companies accountable for engaging in practices that create barriers to employment, in violation of our nation’s federal civil rights laws.”

Under the settlement agreement, the employer must pay the federal government $232,500 in civil penalties. ETeam must also create a fund of $325,000 to compensate affected individuals. Furthermore, the DOJ requires eTeam to avoid discrimination in the recruitment, hiring, and employment eligibility verification (Form I-9) process. Such discrimination includes judgments based on citizenship or immigration status.

The company agreed to provide additional training to its Human Resources department and accept monitoring by the DOJ.

As proven in this case, INA violations can become costly for employers. One significant source of struggle is the employment eligibility verification process. Because regulations frequently change, many employers have begun relying on an electronic I-9 management system to ensure compliance. This system offers step-by-step guidance, electronic storage for forms and additional documentation, and an optional E-Verify integration.

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

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