The Department of Justice today announced it has entered into four more settlements to resolve allegations that companies discriminate against non-US citizens by illegally posting jobs with citizenship status restrictions on college recruiting platforms. The four agreements add to the department’s recent settlement with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty for all 20 employers to more than $1.1 million.

“With these four new residences, the department has now held 20 companies accountable this year for hiring discrimination against students based on their citizenship status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Division of Civil Rights is committed to enforcing the law to ensure that job seekers – including lawful permanent residents, US citizens, immigrants and refugees – are not unlawfully removed from the jobs they are qualified for.”

The department’s involvement in these matters began after a Georgia Tech student, who was a permanent resident at the time, filed a discrimination complaint with the Immigrant and Employee Rights Section of the Civil Rights Division. . The student’s complaint alleged that Capital One Bank limited the paid internship opportunity to U.S. citizens only when it posted the job on Georgia Tech’s recruiting platform. During its investigation, the department learned of numerous other discriminatory advertisements that employers posted on Georgia Tech’s recruiting platform as well as other platforms operated by colleges across the United States. The department continued to open investigations into the 20 employers it has already settled with, and is continuing to investigate more employers.

The department’s investigation found that each of the four companies posted at least one job ad excluding non-U.S. citizens on a recruiting platform operated by Georgia Tech. Three of the companies — CarMax, Axis Analytics and Capital One Bank — also posted discriminatory ads on other campus job boards. The department determined that the ads prevented qualified students from applying for jobs because of their citizenship status, and in many cases citizenship status restrictions prevented students from applying or even meeting with company recruiters.

The new settlement requires the four companies — CarMax, Axis Analytics LLC (aka Axis Group), Capital One Bank and Walmart — to pay a total of $331,520 in civil penalties, based on the number of discriminatory ads they published. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. In addition to paying civil penalties, the four employers must also require their hiring staff to receive training on their obligations under the anti-discrimination section of the Immigration and Nationality Act (INA) and refrain from including citizenship or specific immigration status designations in employment. their college. publications unless restrictions are required by law. They will also ensure that their other employment practices and policies comply with the INA’s anti-discrimination provisions.

The INA generally prohibits employers and employers from restricting employment based on citizenship or immigration status unless required by law, regulation, executive order or government contract. The INA protects U.S. citizens, U.S. citizens, refugees, asylum seekers, and recent lawful permanent residents from discrimination based on citizenship status in hiring, firing, and hiring or referral fees.

The Civil Rights Division of the Division of Immigrant and Employee Rights (IER) is responsible for enforcing the anti-discrimination provisions of the INA. The law prohibits discrimination on the basis of citizenship status and national origin in hiring, firing or hiring or referring fees; unfair writing practices; and revenge and threats.

Learn more about IER’s work and how to get help through this short video. The IER website has more information on how employers can avoid discrimination based on citizenship status when recruiting and hiring. Applicants or employees who believe they have been discriminated against based on their citizenship, immigration status or national origin in hiring, firing, hiring or during the employment eligibility verification process (Forms I-9 and E-Verify); or to retaliate, he can file charges. The public may also call the IER staff hotline at 1-800-255-7688 (1-800-237-2515, TTY for the hearing impaired); call the IER employer at 1-800-255-8155 (1-800-237-2515, TTY for the hearing impaired); email IER@usdoj.gov; register for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.



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