Description: Newark, New Jersey civil litigation lawyers represented Defendant accused of violating the Immigration and Nationality Act (INA) by posting discriminatory job advertisements that solicited applications only from non-U.S. citizens who sought temporary work visa sponsorship or who had immigration statuses associated with certain employment-based temporary visas.
“When employers invite applications only from candidates with specified immigration statuses, they deter individuals from applying and deny them a fair chance to be considered,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to knocking down these unlawful discriminatory barriers.”
The department’s investigation determined that starting in January 2019 and continuing for more than a year, Secureapp posted at least 12 facially discriminatory job advertisements that sought only non-U.S. citizens seeking sponsorship to work or who already possessed an employment-based visa. In so doing, Secureapp deterred U.S. citizens and other workers with permission to work in the United States without sponsorship (including asylees, refugees and lawful permanent residents) from applying to the job advertisements and receiving fair consideration for the employment opportunities. The INA’s anti-discrimination provision generally prohibits employers from recruiting or refusing to hire workers based on their citizenship or immigration status.
Outcome: Secureapp agreed pay $26,000 in civil penalties to the United States. The agreement also required Secureapp to train its recruiters on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements.