The Justice Department announced today that it has reached a settlement agreement with Amiga Informatics (Amiga), a New York IT staffing company. The settlement resolves the department’s determination that Amiga violated the Immigration and Nationality Act (INA) by posting discriminatory job advertisements that solicited applications only from individuals with specific citizenship or immigration statuses.
“Employers have a responsibility to ensure that their job advertisements and hiring processes do not unlawfully exclude individuals because of their citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to knocking down unnecessary barriers that deny people job opportunities.”
The department’s investigation determined that Amiga posted at least six facially discriminatory job advertisements in 2021. Four of these advertisements sought only U.S. citizens and lawful permanent residents, thereby deterring others with permission to work in the United States without sponsorship, including asylees and refugees, from applying and receiving fair consideration for the employment opportunities. In addition, two advertisements sought only applicants with Optional Practical Training status, a temporary work authorization status given to certain non-U.S. citizen students in the United States. The advertisements thus unlawfully excluded asylees, refugees, lawful permanent residents and U.S. citizens and nationals. The INA’s anti-discrimination provision generally prohibits employers from recruiting or refusing to hire workers based on their citizenship or immigration status.
Under the agreement, Amiga will pay $24,864 in civil penalties to the United States. The agreement also requires Amiga to train its recruiters on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email IER@usdoj.gov; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.