The Department of Justice announced today that it has reached a settlement with Perspective Talent LLC, a Pembroke Pines, Florida information technology recruiting and staffing firm. The settlement resolves the Department’s investigation into whether the firm discriminated against work-authorized non-U.S. citizens, including asylees, because of their citizenship status, in violation of the Immigration and Nationality Act (INA).
“Recruitment agencies cannot post unlawful job advertisements that operate as artificial barriers and narrow employment opportunities based on citizenship status or national origin,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division is committed to removing these discriminatory barriers to employment.”
The Department’s investigation arose from a complaint made by a work-authorized asylee alleging that Perspective Talent’s discriminatory job advertisement excluded him from consideration based on his citizenship status. After investigating the complaint, the Department concluded that Perspective Talent routinely posted job advertisements that unlawfully restricted applicants to U.S. citizens, lawful permanent residents, and TN-1 visa holders. Based on this practice, Perspective Talent initially failed to refer the complainant for a job because of his asylee status. After learning of the Department’s investigation, Perspective Talent took immediate corrective action by referring the complainant for the position and correcting its job advertisements. Federal law generally prohibits discrimination in recruiting based on a worker’s citizenship status or national origin.
Under the terms of the agreement, the firm will participate in training on the INA’s anti-discrimination provision, change its policies and procedures, and be subject to departmental monitoring and reporting requirements to ensure that its job advertisements do not unlawfully exclude individuals who are authorized to work in the United States based on their citizenship or immigration status.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.