Department of Justice today announced that it entered into another four
settlements to resolve claims that companies discriminated against
non-U.S. citizens by posting job opportunities with unlawful citizenship
status restrictions on college job recruiting platforms. These four
agreements add to the department’s recent settlements with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty amount for all 20 employers to over $1.1 million.
these four new settlements, the department has now held 20 companies
accountable this year for hiring discrimination against students based
on their citizenship status,” said Assistant Attorney General Kristen
Clarke of the Justice Department’s Civil Rights Division. “The Civil
Rights Division is committed to enforcing the law to ensure that job
seekers — including lawful permanent residents, U.S. nationals, asylees
and refugees — are not unlawfully excluded from job opportunities for
which they are qualified.”
department’s involvement in these matters began after a Georgia
Institute of Technology (Georgia Tech) student, who was a lawful
permanent resident at the time, filed a discrimination complaint with
the Civil Rights Division’s Immigrant and Employee Rights Section. The
student’s complaint alleged that Capital One Bank restricted a paid
internship opportunity only to U.S. citizens when it posted the job on a
Georgia Tech job recruitment platform. During its investigation, the
department learned about dozens of other facially discriminatory
advertisements employers posted on Georgia Tech’s job recruiting
platform as well as other platforms operated by colleges across the
United States. The department proceeded to open investigations of the 20
employers with which it has already settled, and continues to
investigate additional employers.
department’s investigation found that each of the four companies posted
at least one job announcement excluding non-U.S. citizens on an online
job recruitment platform operated by Georgia Tech. Three of the
companies — CarMax, Axis Analytics and Capital One Bank — also posted
discriminatory advertisements on other college job platforms. The
department determined that the advertisements deterred qualified
students from applying for jobs because of their citizenship status, and
in many cases the citizenship status restrictions also blocked students
from applying or even meeting with company recruiters.
new settlements require the four companies — CarMax, Axis Analytics LLC
(aka Axis Group), Capital One Bank and Walmart — to pay a total of
$331,520 in civil penalties, depending on the number of discriminatory
advertisements they posted. CarMax will pay $186,480; Axis Analytics
will pay $53,872; Capital One Bank will pay $49,728; and Walmart will
pay $41,440. In addition to paying civil penalties, the four employers
must also require their recruiting staff to undergo training on their
obligations under the Immigration and Nationality Act’s (INA)
anti-discrimination provision and to refrain from including specific
citizenship or immigration status designations in their campus job
postings unless the restrictions are required by law. They will also
ensure that their other recruiting practices and policies comply with
the INA’s anti-discrimination provision.
INA generally prohibits employers and recruiters from limiting jobs
based on citizenship or immigration status unless required by a law,
regulation, executive order or government contract. The INA protects
U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful
permanent residents from citizenship status discrimination in hiring,
firing and recruitment or referral for a fee.
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. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting.
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.
Civil Rights Division
Civil Rights - Immigrant and Employee Rights Section
Press Release Number: 22-997