The Justice Department secured a settlement agreement today with Georgia Institute of Technology (Georgia Tech), a public, non-profit university within the University System of Georgia.
The settlement resolves the department's determination that Georgia Tech violated the Immigration and Nationality Act (INA) by operating a job recruiting platform on which third-party employers paid to post advertisements linked to its career fairs that unlawfully excluded certain non-U.S. citizens and limited recruitment opportunities for certain non-U.S. citizen students based on their citizenship status.
"Our nation's higher education institutions must ensure that their job recruiting platforms don't promote, facilitate or enable unlawful citizenship discrimination," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The Justice Department will vigorously enforce the Immigration and Nationality Act's nondiscrimination mandate to ensure that college students are treated fairly and have an equal opportunity to compete for internships and jobs."
The department's investigation began after a student at Georgia Tech, who was a lawful permanent resident, filed a discrimination complaint with the Civil Rights Division. The student alleged that a bank advertised a U.S. citizen-only internship on Georgia Tech's career services website. Upon investigating the student's complaint, the department uncovered additional unlawful discriminatory advertisements on Georgia Tech's job recruiting platform that discouraged or restricted certain non-U.S. citizen students from applying. The department's investigation also revealed that Georgia Tech routinely permitted employers to block non-U.S. citizen students from applying to such jobs through its platform.
Under the settlement agreement, Georgia Tech will pay a civil penalty of $500,000 to the United States, change its recruiting practices and revise its policies to promote compliance with the INA. In addition, for three years, Georgia Tech must ensure that certain career services personnel in its undergraduate and graduate programs are trained on the INA's anti-discrimination provision.
Over the last 14 months, the department has secured over $1.6 million in total civil penalties from 30 employers who used Georgia Tech's recruiting platform to post job advertisements that unlawfully excluded certain non-U.S. citizen students who stand on equal footing with U.S. citizens in their ability to work, such as lawful permanent residents, refugees and those granted asylum by the federal government.
On June 16, 2022, the department settled with 16 employers; on Sept. 21, 2022, the department settled with four employers; and on May 23, 2023, the department settled with another 10 employers.
This agreement is another example of the Civil Rights Division's efforts to address the impact that automated platforms, specifically ones that provide users with tools and filters that enable unlawful restrictions, have on civil rights. On April 25, 2023, the Civil Rights Division released a joint statement with other federal agencies highlighting their commitment to protect individuals with respect to artificial intelligence and automated systems (AI) that can impact individuals' civil rights and equal opportunity.
The Civil Rights Division's Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute 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 when hiring and recruiting on IER's website. Learn more about how IER protects workers' rights in this video. For more information about protections against employment discrimination under immigration laws, 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); sign up for a live webinar or watch an on-demand presentation; email IER@usdoj.gov; or visit IER's English and Spanish websites. Sign up for email updates from IER.
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