Saturday, August 13, 2016

Justice Department Settles Immigration-Related Discrimination Claim

Justice Department Press Release
Tuesday, August 9, 2016

The United States Department of Justice

The Justice Department reached an agreement today with Hartz Mountain Industries Inc. (Hartz) to resolve the department’s investigation into whether the company discriminated against work-authorized non-U.S. citizen job seekers, in violation of the Immigration and Nationality Act (INA).  Hartz is a real estate development and management company based in Secaucus, New Jersey.
The department’s investigation found that Hartz discriminated based on citizenship status by publishing a job posting that required applicants for a particular job opening to be U.S. citizens, in violation of the INA.  Job postings with citizenship preferences or requirements violate the INA by restricting employment opportunities available to work-authorized non-citizens.  While there are exceptions in the INA that allow for specific positions to be subject to citizenship requirements, the position available at Hartz did not meet the criteria.
Under the settlement agreement, Hartz will pay $1,400 in civil penalties to the United States, train its human resources staff on the anti-discrimination provision of the INA, review its policies and be subject to monitoring by the department for a three-year period.
“The Civil Rights Division is committed to identifying and tearing down discriminatory barriers that prevent work-authorized individuals from taking advantage of employment opportunities,” said Principal Deputy Assistant Attorney General Vanity Gupta, head of the Civil Rights Division.  “I commend Hartz for its cooperation during the investigation and for working to resolve this matter expeditiously.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.  The statute prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation; and intimidation.

Comment:

We have many legal immigrants in this country.  I wish they weren't here, but they are.  As long as they are not in violation of any immigration law (like illegals are) they should not be barred from any job in the private sector.  However, American citizens should be given priority over immigrants.

Government/civil service jobs are a different matter.  Only American citizens should be allowed to to work in the public sector.  It is not discrimination.  After all, non-citizens are not allowed to vote and that is not denying them their voting rights.
Leave a comment.  I'd like to hear what everyone else has to say.  You don't have to write anything elaborate.  Just answer this question with a yes or no:  Should American citizens be given priority over immigrants in the job market?
Dan 88!

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