The Justice Department reached a settlement agreement today with a healthcare staffing company based in Casselberry, Fla., resolving allegations that the company posted discriminatory job advertisements on the internet.
According to the department’s investigation, hundreds of the Healthcare Professionals’ internet-based job postings contained discriminatory language, impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship  over U.S. workers.  The Immigration and Nationality Act (INA) prohibits employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract.  None of those limited exceptions applied to the company’s recruitment efforts.
Under the terms of the settlement agreement, the staffing company has agreed to pay $27,750 in civil penalties, to change its internal policies and written procedures to incorporate the INA’s anti-discrimination protections, and to be subject to reporting and compliance monitoring requirements for a period of three years.
“Federal law protects authorized U.S. workers from illegal and discriminatory preferences,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Employers have a statutory obligation to monitor their online job postings to ensure that they do not violate the anti-discrimination provision of Immigration and Nationality Act.”
