Department of Justice agrees with IT recruiter to resolve immigration discrimination claims | Takeover bid

The Justice Department announced that it had reached a settlement agreement with Amtex Systems Inc., a New York-based IT staffing and recruiting firm. The settlement resolves allegations that Amtex discriminated against U.S. workers because of their citizenship or immigration status during several stages of the hiring process because their customers preferred workers on temporary work visas.

“IT recruiting agencies cannot unlawfully exclude candidates or impose additional charges because of a person’s citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division of the Ministry of Justice. “The Civil Rights Division is committed to enforcing the law to ensure job applicants, including American workers, are protected from unlawful discrimination.”

The department’s investigation began after a U.S. citizen filed a discrimination complaint with the Immigrant and Employee Rights Section (IER) of the Civil Rights Division against Amtex. Based on its investigation, the department concluded that Amtex used a company operating in India to identify and screen job candidates based on customer preferences for workers with a particular citizenship or immigration status. The investigation determined that recruiters had sent out job offers with their clients’ illegal citizenship or immigration status preferences, and also implemented those preferences when reviewing applications. Recruiter practices have harmed American workers by deterring them from applying and ignoring those who have applied. For example, the investigation found that Amtex failed to consider at least three U.S. workers when they applied for a job posting indicating a preference for workers on temporary work visas. The department further found that Amtex recruiters discriminated against non-US citizen applicants by consistently requiring them to provide immigration documentation to advance in the recruiting process.

The Immigration and Nationality Act (INA) protects U.S. citizens, non-U.S. nationals, refugees, asylum seekers, and recent lawful permanent residents from discrimination in the workplace based on citizenship or nationality. immigration status. Recruiters are liable for INA violations if they implement a client’s unlawful discriminatory preferences. Under the INA, employers or recruiters may limit jobs based on citizenship or immigration status only if required by law, regulation, executive order, or government contract. Additionally, because federal law only allows employers to verify a person’s work authorization after they are hired, employers and recruiters should not verify the work authorization of job applicants.

Under the terms of the settlement agreement, Amtex will pay more than $15,000 in U.S. civil penalties, revise its policies and procedures, train affected employees and agents on the INA’s anti-discrimination provision, and monitored for three years. period to ensure compliance.

The IER is responsible for applying the INA’s anti-discrimination provision. Among other things, this law prohibits discrimination based on citizenship or immigration status and national origin when hiring, firing, recruiting, or recommending for a fee; unfair documentary practices; reprisals; and bullying. More information about discrimination based on citizenship status under the INA is available in this pamphlet.

Learn more about the work of IER and how to get help with this short video. Applicants or employees who believe they have been discriminated against because of their citizenship, immigration status, or national origin during the hiring, firing, recruiting process, or in the eligibility verification process Employment (Form I-9 and E-Verify); or subject to reprisals, may file a complaint. The public can also contact the IER worker hotline at 1-800-255-7688; call the IER employer hotline 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.

See the Spanish translation of this press release here. See the Hindi translation of this press release below.

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