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United States Department of Justice and United States Department of Labor Announce Settlement with Firm who Posted  “Whites Only” Job Posting 

In 2024, no one should think that a “whites only” job posting is permissible and yet there was a job posting for “only US Born Citizens [white] who are local within 60 miles from Dallas, TX [Don’t share with candidates]” resulting in an agreement with the firm and the United States Department of Justice and Untied States Department of Labor.

The Justice Department and the Department of Labor announced today separate agreements with Arthur Grand Technologies Inc. (Arthur Grand), an information technology services firm based in Virginia. The Justice Department’s agreement resolves the department’s determination that Arthur Grand violated the Immigration and Nationality Act (INA) by posting a discriminatory job advertisement in March 2023 that restricted eligible candidates to “only US Born Citizens [white] who are local within 60 miles from Dallas, TX [Don’t share with candidates].” (brackets in original). The Labor Department’s agreement resolves its determination that Arthur Grand violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

“It is shameful that in the 21st century, we continue to see employers using ‘whites only’ and ‘only US born’ job postings to lock out otherwise eligible job candidates of color. I share the public’s outrage at Arthur Grand’s appalling and discriminatory ban on job candidates based on citizenship status, national origin, color and race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department, working with other government agencies, will continue to hold employers accountable when they violate our nation’s federal civil rights laws.”

“Over the past 58 years, OFCCP has protected workers and job seekers from workplace discrimination. We are committed to holding federal contractors accountable for outrageous discriminatory practices like this advertisement,” said Acting Director Michele Hodge of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). “Companies like Arthur Grand, that accept federal contracts cannot have a ‘whites only’ hiring process.”

In May 2023, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) opened an investigation and determined that Arthur Grand discriminated based on citizenship status and national origin after a recruiter working for Arthur Grand’s subsidiary in India posted the advertisement on the job website Indeed. The advertisement was widely circulated on social media and generated several news articles. Arthur Grand’s actions harmed individuals with permission to work in the U.S., including U.S. citizens born outside the United States and certain non-U.S. citizens, by unlawfully deterring them from applying to the job advertisement.

An investigation by OFCCP determined that, in April 2023, Arthur Grand Technologies advertised an opening for a business analyst position with its sales and insurance claims team in Dallas on a public online hiring website. The advertisement includes a bolded note that read “Only Born US Citizens [White] who are local within 60 miles from Dallas, TX [Don’t share with candidates].” The position, the announcement stated, would serve two clients, HTC Global an information technology company based in Troy, Michigan, and Berkshire Hathaway, the multinational holding company based in Omaha, Nebraska.

As part of the Justice Department settlement, Arthur Grand will pay a civil penalty to the United States. The agreement also requires Arthur Grand to train its personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.

Under the Labor Department conciliation agreement, Arthur Grand will pay compensation to individuals who filed complaints with its Office of Federal Contract Compliance Programs (OFCCP). In addition, Arthur Grand has committed to providing workplace specific training for all company employees involved in recruiting, selecting candidates or tracking expressions of interest for open positions.

IER is responsible for enforcing the INA’s anti-discrimination provision. This law 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.

Find more information on how employers can avoid discrimination in recruitment and hiring on IER’s website. Learn more about IER’s work and how to get assistance through this brief video. 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; sign up for a live webinar; watch an on-demand presentation or visit IER’s English and Spanish websites. Subscribe for email updates from IER.

The Labor Department’s OFCCP enforces Executive Order 11246Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974Learn more about OFCCP here.

Source: Office of Public Affairs | Justice Department and Department of Labor Secure Agreements with Tech Company to Resolve Discriminatory “Whites Only” Job Posting | United States Department of Justice

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