The Department of Justice (DOJ) recently settled with the information staffing company Frank Recruitment Group Incorporated. This company has eight brand names and nationwide locations. The agreement settled the DOJ’s finding that the staffing company had violated the Immigration and Nationality Act (INA). According to the DOJ, the company excluded or discouraged non-U.S. citizens from applying for positions despite their eligibility to work in the United States. These exclusions and discouragements occurred due to their citizenship status.

The Immigration and Nationality Act prohibits employers from discriminating against people during the hiring process due to their immigration or citizenship status. However, the law also makes exceptions for specific scenarios. As such, employers may reject applications from individuals based on their citizenship or immigration status due to regulations, laws, government contracts, or executive orders requiring them to do so.

According to Kristen Clarke, the Assistant Attorney General of the Justice Department’s Civil Rights Division, “Employers cannot unlawfully discriminate against individuals granted asylum or refugee status in hiring. “The department will continue to hold employers accountable for imposing barriers to employment based on citizenship status, in violation of our nation’s civil rights laws.”

The DOJ investigated the company before the settlement. During this investigation, the DOJ discovered that the staffing company placed several job advertisements online that violated the INA. These ads contained language that limited eligibility to U.S. citizens and permanent residents only. As such, these advertisements deterred and excluded individuals who may have qualified, including asylees or refugees.

The Immigrant and Employee Rights Section (IER) of the Civil Rights Division is responsible for enforcing INA’s anti-discrimination provisions. According to the provisions, employers cannot discriminate based on a person’s national origin or citizenship. This ban covers discrimination in recruitment, hiring, firing, and more.

The settlement with the information staffing company requires the company to pay $100,000 in penalties to the United States. The DOJ also requires the company to train its personnel on the INA’s anti-discrimination requirements and change its employment policies. The company will also undergo monitoring by the DOJ.

This case demonstrates the challenges of maintaining compliance with employment eligibility verification (Form I-9) requirements. The best way to ensure compliance is to use an electronic I-9 management system with E-Verify integration. This system guides employers through the entire process, stores the forms and documentation, and sends reminders when action is necessary to maintain compliance.

Ensure compliance today by switching to an electronic I-9 management tool with I-9Compliance.

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