The Justice Department has secured a settlement agreement with Second Nature, a Massachusetts-based non-profit organization. The agreement addresses the department's findings that Second Nature contravened the Immigration and Nationality Act (INA) by publishing discriminatory job advertisements that discouraged non-U.S. citizens from applying for vacant positions.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “When employers advertise jobs only to U.S. citizens, they discourage and block other eligible workers like lawful permanent residents from applying, and deny them a fair chance to be considered.” She further added that the Civil Rights Division would not tolerate discrimination based on national origin or citizenship status.
The settlement follows an investigation initiated after a worker's complaint. The Immigrant and Employee Rights Section (IER) of the Civil Rights Division found that Second Nature had posted a job advertisement inviting applications solely from U.S. citizens. This deterred non-U.S. citizens with work authorization, such as those granted asylum or refugee status and lawful permanent residents, from applying for the job. It was also determined that the lawful permanent resident who lodged the complaint was discouraged from applying due to the discriminatory language in the posting.
As per INA’s anti-discrimination provision, employers are generally prohibited from discriminating in recruitment or refusing to hire workers based on their citizenship status or national origin.
Under the terms of the settlement, Second Nature will pay a civil penalty to the United States and compensate the affected worker for lost wages. The company is also required to train its recruiting employees on INA’s requirements, revise its employment policies, and comply with departmental monitoring and reporting requirements.
IER is tasked with enforcing INA's anti-discrimination provision which prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment; unfair documentary practices; retaliation; and intimidation.
For more information on avoiding discrimination in recruitment and hiring processes, employers can visit IER’s website. Applicants or employees who believe they have been 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.