The US Justice Department and the US Department of Labor announced last Thursday separate agreements with Arthur Grand Technologies Inc. (Arthur Grand), an information technology staffing firm based in Virginia. The Justice Department’s agreement resolves the department’s determination that Arthur Grand violated the Immigration and Nationality Act (INA) by posting a discriminatory job advertisement in March 2023 that restricted eligible candidates to “only US Born Citizens [white] who are local within 60 miles from Dallas, TX [Don’t share with candidates].” (brackets in original). The Labor Department’s agreement resolves its determination that Arthur Grand violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

EmpleoBilingue reached out to Sheik Rahmathullah, the CEO of Arthur Grande Technologies and waited 48 hours before publishing, but so far has received no response.

“It is shameful that in the 21st century, we continue to see employers using ‘whites only’ and ‘only US born’ job postings to lock out otherwise eligible job candidates of color. I share the public’s outrage at Arthur Grand’s appalling and discriminatory ban on job candidates based on citizenship status, national origin, color and race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department, working with other government agencies, will continue to hold employers accountable when they violate our nation’s federal civil rights laws.”

“Over the past 58 years, OFCCP has protected workers and job seekers from workplace discrimination. We are committed to holding federal contractors accountable for outrageous discriminatory practices like this advertisement,” said Acting Director Michele Hodge of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). “Companies like Arthur Grand, that accept federal contracts cannot have a ‘whites only’ hiring process.”

In May 2023, the Civil Rights Division’s Immigrant and Employee Rights Section (IER) opened an investigation and determined that Arthur Grand discriminated based on citizenship status and national origin after a recruiter working for Arthur Grand’s subsidiary in India posted the advertisement on the job website Indeed. The advertisement was widely circulated on social media and generated several news articles. Arthur Grand’s actions harmed individuals with permission to work in the U.S., including U.S. citizens born outside the United States and certain non-U.S. citizens, by unlawfully deterring them from applying to the job advertisement.

An investigation by OFCCP determined that, in April 2023, Arthur Grand Technologies advertised an opening for a business analyst position with its sales and insurance claims team in Dallas on a public online hiring website. The advertisement includes a bolded note that read “Only Born US Citizens [White] who are local within 60 miles from Dallas, TX [Don’t share with candidates].” The position, the announcement stated, would serve two clients, HTC Global an information technology company based in Troy, Michigan, and Berkshire Hathaway, the multinational holding company based in Omaha, Nebraska.

As part of the Justice Department settlement, Arthur Grand will pay a civil penalty to the United States. The agreement also requires Arthur Grand to train its personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.

Under the Labor Department conciliation agreement, Arthur Grand will pay compensation to individuals who filed complaints with its Office of Federal Contract Compliance Programs (OFCCP). In addition, Arthur Grand has committed to providing workplace specific training for all company employees involved in recruiting, selecting candidates or tracking expressions of interest for open positions.

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