Recently, the US Department of Justice (DOJ) announced settlement agreements with 16 private employers to resolve allegations of hiring discrimination. The settlement agreements total nearly $1 million in civil penalties, but perhaps more significant is the reputational harm experienced by these distinguished companies, as well as the energy spent on settling, retooling, and retraining.
Background
DOJ began its investigation after a lawful permanent resident reported that a third-party job recruitment platform had advertised a job opportunity for US citizens only. The Immigration and Nationality Act prohibits certain types of employment discrimination based on citizenship status and national origin with respect to recruiting and hiring. The ensuing investigation by DOJ unearthed multiple allegedly discriminatory job announcements on the recruiter’s website and similar platforms run by colleges or universities.
In the settlements, the companies denied any liability, and some of the employers claimed the colleges operating the recruiting platform were responsible for the alleged discriminatory violations. In an opposing view, DOJ noted its stance that employers are liable if the job postings discriminate based on citizenship or immigration status.
In DOJ’s estimation, unlawful hiring discrimination based on citizenship or immigration status is a common problem in US higher education, denying employment to qualified college students and graduates. A spokesperson for DOJ...
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