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Dive Summary:
- Arthur Grand Technologies must change its hiring strategy and offer $31,000 in relief to workers after the company posted a job advertisement specifying it would only hire white candidates, according to the U.S. Department of Justice. It must also pay a $7,500 civil penalty.
- The Department of Justice determined that the Virginia-based employer posted a job ad on Indeed Last year, the pool of eligible candidates was limited to “Only natural-born U.S. citizens (white) living within 60 miles of Dallas, TX (do not share with candidates).” (Editor’s note: The original posting had brackets.) The posting said the position would serve two clients: HTC Global, an information technology company based in Troy, Michigan, and Berkshire Hathaway.
- “It is shameful that in the 21st century we continue to see employers use job advertisements that say ‘whites only’ and ‘born in the United States only’ to exclude otherwise eligible candidates of color,” Kristen Clarke, assistant attorney general for the Justice Department’s Civil Rights Division, said in a statement. The employer reached a separate settlement with the U.S. Department of Labor, the Justice Department said.
Dive information:
According to the Justice Department, Arthur Grand violated the Immigration and Nationality Act, which prohibits unlawful discrimination based on citizenship and national origin in hiring, as well as Executive Order 11246, which prohibits federal contractors from discrimination based on identity, including race, color, and national origin.
The Civil Rights Division’s Immigrant and Employee Rights Section began its investigation last year following the media uproar surrounding… Arthur Grand’s racist job descriptionThe company said at the time that the job posting was unauthorized, The Dallas Morning News reported.
In a press release, the Justice Department stressed that Arthur Grand’s actions harmed workers who have the right to work in the United States by “unlawfully deterring them.”
The U.S. Department of Labor and the Equal Employment Opportunity Commission are the federal agencies that typically take the lead in workplace discrimination complaints. Still, the Justice Department frequently handles such cases, particularly when national origin bias is involved, since it is charged with enforcing the INA.
Last August, the department reached a settlement for workers affected by the alleged anti-immigrant hiring practices of a Miami glass manufacturer, ordering Mr. Glass Group will pay $120,000 in civil penalties. And the Justice Department announced in February that it had reached a settlement agreement with a staffing firm based in Hanover, Maryland, that allegedly harmed “lawful permanent resident workers, noncitizen national workers, and workers who have been granted asylum or refugee status” with talent practices that prevented them from accessing employment opportunities. The Civil Rights Division ordered Latitude Inc. employees must pay an unspecified amount in civil penalties.
Similarly, Arthur Grand must train its workers on INA requirements and restructure its hiring policy; it will also be subject to Justice Department oversight. Arthur Grand must also compensate workers who filed complaints with the Office of Federal Contract Compliance Programs, according to the Labor Department’s settlement.
The tech company has committed to providing workplace-specific training to all staff involved in recruiting, evaluating and hiring job candidates, according to the press release. “For the past 58 years, OFCCP has protected workers and job applicants from workplace discrimination. We are committed to holding federal contractors accountable for egregious discriminatory practices like this ad,” Michele Hodge, acting director of the federal contract compliance office, said in the May 23 statement.
In the words of celebration of the 65th anniversary of the creation of the Civil Rights Division, Clarke noted that, in part, “because of the cases we litigate and the policies we enforce, whites-only buses no longer pass black children walking to school.”
“But despite the progress, we know that the Civil Rights Division is needed more than ever,” Clarke said. “The racial hatred that necessitated the deployment of 31,000 troops in 1962 still persists today.”
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