Justice Department Reaches Settlement With Avant Healthcare Professionals LLC To Resolve Immigration -Related Unfair Employment Practices

Posted by Norka M. Schell, NY Immigration Attorney
Law Offices of Norka M. Schell, LLC
www.lawschell.com

DEPARTMENT OF JUSTICE

The Justice Department reached a settlement agreement with Avant Healthcare Professionals, LLC, a healthcare staffing company based in Casselberry, Fla., resolving allegations that the company posted discriminatory job advertisements on the internet.

According to the department investigation, hundreds of Avant Healthcare Professionals' internet-based job postings contained discriminatory language, permissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract. None of those limited exceptions applied to Avant's recruitment efforts.

Under the terms of the settlement agreement, Avant has agreed to pay $27,750 in civil penalties, to change its internal policies and written procedures to incorporate the INA's anti-discrimination protections, and to be subject to reporting and compliance monitoring requirements for a period of three years.

"Federal law protects authorized U.S. workers from illegal and discriminatory preferences," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "Employers have a statutory obligation to monitor their online job postings to ensure that they do not violated the anti-discrimination provision of the INA.

The Office of Special Counsel for Immigration Related Unfair Employment Practice (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protection against employment discrimination under the immigration laws, call the OSC's worker hot line at 1-800-255-7688 (1-800-2372525, TDD for hearing impaired), call the OSC's employer hot line at 1-800-255-8155 (1-800-362-2735, TDD for hearing impaired), sign up for a no-cost webinar at www.justice.gov/about/osc/webinars.php, email to osccrt@usdoj.gov or visit the website at www.justice.gov/crt/about/osc.