MicroLink Devices, a manufacturer of wireless communication materials and advanced solar cells based in Illinois, reached a settlement agreement with the Justice Department following allegations that it posted online job ads that included citizenship requirements. MicroLink faced allegations that it violated the anti-discrimination provision of the Immigration and Nationality ACT (INA) when it posted six online job openings that explicitly stated citizenship status preferences or requirements that excluded certain work-authorized non-citizens from consideration.
Under the INA, employers may not discriminate on the basis of citizenship unless required to comply with law, regulation, executive order or government contract. Such discrimination could exclude lawful permanent residents and several exemptions that enable non-citizens to seek gainful employment including refugees or individuals given asylum in the United States. By requiring all applicants to be U.S. citizens, a company is effectively discriminating against certain immigrants who are legally allowed to work.
MicroLink Devices must pay the U.S. $12,000 in civil penalties and has agreed to “revise its hiring and recruiting procedures, conform future job posting to the requirements of t he law, and to be subject to training, reporting and compliance and monitoring requirements.”
If you feel you have been the victim of any type of employment discrimination, please contact Khorrami LLP for more information.