The Justice Department announced today that it has secured a settlement agreement with N2 Services Inc. (N2), an IT services company based in Jacksonville, Florida. The agreement resolves the department’s determination that N2 discriminated against workers based on their citizenship status when it published discriminatory job advertisements online that required applicants to have a specific immigration status.
“Employers cannot use unlawful discriminatory language in job postings to exclude applicants based on their citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce the law against these types of pernicious employment practices.”
The department determined on investigation that N2, through its recruiting agent based abroad, published a job advertisement online titled, “Software Developer Exclusively for OPT,” with criteria that indicated that applicants “must be under OPT visa right now.” Optional Practical Training (OPT) is a temporary work authorization status given to certain non-U.S. citizen students in the United States. The advertisement thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals, and the advertisement deterred such workers from applying to the position. The Immigration and Nationality Act (INA)’s anti-discrimination provision generally prohibits employers from discriminating...
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