The Department of Justice announced today that it has entered into a settlement agreement with American CyberSystems Inc., a Georgia-based company operating under the name Innova Solutions (formerly ACS Solutions) that provides IT services and recruitment services nationwide. The settlement resolves the Department’s finding that the company violated the Immigration and Nationality Act (INA) by using job advertisements that unlawfully excluded certain applicants based on their citizenship status to fill two positions.
“Employers simply cannot unlawfully discriminate against individuals based on their citizenship status when posting job vacancies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement demonstrates our commitment to holding employers accountable when they break the law and discriminate on the basis of citizenship.”
The Civil Rights Division’s new factsheet adds to the many other resources the division has available to help employers train their hiring and recruiting staff to avoid the discrimination seen here.
The Department’s investigation found that American CyberSystems discriminated against US citizens, refugees and asylum seekers by posting an ad hiring only US citizens and lawful permanent residents. The advertised position included access to materials subject to the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). The ITAR and EAR require employers to obtain special authorization from the US government for certain workers if their work requires access to export-controlled goods. However, under these rules, US nationals, asylum seekers, and refugees are treated as equals to US citizens and lawful permanent residents, and employers do not need a permit to share export-controlled items with these workers. The department concluded that the company had no reason to bar her from hiring.
The department also found that the company published a second, independent job listing that discriminated against immigrants and US citizens by targeting workers with temporary work visas.
As part of the settlement, American CyberSystems must train its recruiting and human resources departments on the requirements of the INA’s antidiscrimination regulation, review its policies to ensure compliance with applicable laws, and be subject to departments’ monitoring and reporting obligations. American CyberSystems also has to pay a civil penalty for the discriminatory advertising.
The Civil Rights Division’s Immigration and Labor Rights (IER) Division is responsible for enforcing the INA’s antidiscrimination provisions. The law prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruiting or placement for a fee; unfair documentation practices; and retaliation and intimidation. As explained in a new fact sheet the department issued April 18, employers’ obligations under this law do not change when they comply with export control laws and regulations. Another leaflet from the department aims to help employers avoid discrimination when recruiting via online job advertisements.
Learn more about how IER works and how to get support in this short video. Visit the IER website for more information on how employers can avoid discrimination based on citizenship status. Applicants or employees who believe they have been discriminated against because of their citizenship, immigration status, or national origin in the hiring, firing, recruiting, or during the employment eligibility verification process (Form I-9 and E-Verify); or subject to retaliation may file a complaint. The public can also call IER’s employee helpline at 1-800-255-7688 (1-800-237-2515, TTY for the hearing impaired). Call IER’s Employer Helpline at 1-800-255-8155 (1-800-237-2515, TTY for the Hearing Impaired). email to IER@usdoj.gov; Sign up for a free webinar. or visit IER’s English and Spanish websites. Subscribe to email updates from IER.
