Following allegations that Microlink Devices posted online job ads including citizenship requirements, the U.S. Department of Justice reprimanded the Illinois-based company, requiring it to pay $12,000 in penalties. According to a press release, the DOJ and Microlink, a manufacturer of semiconductor structures and solar cells, reached the settlement agreement this week.
Citizenship discrimination by potential employers may be as slight as a line in a job posting, but it carries a heavy penalty. Under the Immigration and Nationality Act, companies cannot discriminate based on an applicant's citizenship status unless "required to comply with law, regulation, executive order or government contract."
While a job applicant may not be an official citizen of the U.S., there are several exemptions including work permits and asylum that enable non-citizens to seek gainful employment within the nation's borders. Thus, by requiring all job applicants to be U.S. citizens, a company is effectively discriminating against certain categories of immigrants that are legally allowed to work.
“Employers must give all eligible candidates the equal opportunity to compete for employment,” Thomas E. Perez, assistant attorney general for the DOJ's civil rights division, said in a statement. “The department is committed to ensuring employers do not discriminate against protected individuals based on citizenship status.”
Aside from the $12,000 Microlink Devices must pay the U.S. in civil penalties, the company has also agreed to "revise its hiring and recruiting procedures, conform future job postings to the requirements of the law, and to be subject to training, reporting and compliance and monitoring requirements."
Though citizenship discrimination is not rare, it's also not as prevalent as other types of employment discrimination prohibited by Title VII of the Civil Rights Act, specifically racial prejudice. In 2011, the U.S. Equal Employment Opportunity Commission, which enforces Title VII, reported 99,947 complaints, a record-number, 35,395 of which involved race -- the second most common type of complaint behind retaliation.
This week, Dunkin' Donuts' parent company Dunkin' Brands was named in a lawsuit that accused the chain of giving white franchise owners more preferable locations than minority owners.
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The Template: California Proposition 187 (1994)
California's Proposition 187 was submitted to the voters with the full support of then Republican governor Pete Wilson. It essentially blamed undocumented immigrants for the poor performance of the state economy in the early 1990s. The law called for cutting off benefits to undocumented immigrants: prohibiting their access to health care, public education, and other social services in California. It also required state authorities to report anyone who they suspected was undocumented. <strong>Status:</strong> The law passed with the support of 55 percent of the voters in 1994 but declared unconstitutional 1997. The law was killed in 1999 when a new governor, Democrat Gray Davis, refused to appeal a judicial decision that struck down most of the law. Even though short-lived, the legislation paved the way for harsher immigration laws to come. On the other hand, the strong reaction from the Hispanic community and immigration advocates propelled a drive for naturalization of legal residents and created as many as one million new voters.
The Worst: Arizona SB 1070
The Arizona Act made it a misdemeanor for an undocumented immigrant to be within the state lines of Arizona without legal documents allowing their presence in the U.S. The law was widely criticized as xenophobic and for encouraging racial profiling. It required state authorities to inquire about an individual's immigration status during an arrest when there was "reasonable suspicion" that the individual was undocumented. The law would allow police to detain anyone who they believed was in the country illegally. <strong>Status:</strong> The law was signed into law by Arizona Governor Jan Brewer on April 23, 2010, immediately generating a swirl of controversy and questions about its constitutionality. In July 2010 and February 2012, federal judges blocked different provisions of SB 1070, setting the stage for the <a href="http://www.huffingtonpost.com/2012/06/25/sb1070-ruling-supreme-court_n_1614119.html" target="_hplink">the Supreme Court decision of June 25, 2012</a> which struck down multiple provisions but upheld the controversial "papers please" provision, a centerpiece of the law which critics say will lead to racial profiling
Following Arizona's Footsteps: Georgia HB 87
The controversy over Arizona's immigration law was followed by heated debate over Georgia's own law. HB 87 required government agencies and private companies to check the immigration status of applicants. This law also limited some government benefits to people who could prove their legal status. <strong>Status:</strong> Although a federal judge temporarily blocked parts of the law considered too extreme, it went into effect on July 1st. 2011. House: 113-56 Senate: 39-17
Verifying Authorized Workers: Pennsylvania HB 1502
This bill, which was approved in 2010, bans contractors and subcontractors employ undocumented workers from having state construction contracts. The bill also protects employees who report construction sites that hire illegal workers. To ensure that contractors hire legal workers, the law requires employers to use the identification verification system E-verify, based on a compilation of legally issued Social Security numbers. <strong>Status:</strong> Approved on June 8th 2010. House: 188-6 (07/08/2010) <a href="http://www.flickr.com/photos/donkeyhotey/" target="_hplink">Flickr photo by DonkeyHotey</a>
A Spin Off of Arizona: Utah HB 497
Many states tried to emulate Arizona's SB 1070 law. However, most state legislatures voted against the proposals. Utah's legislature managed to approve an immigration law based on a different argument. Taking into consideration the criticism of racial profiling in Arizona, Utah required ID cards for "guest workers" and their families. In order to get such a card workers must pay a fee and have clean records. The fees go up to $2,500 for immigrants who entered the country illegally and $1,000 for immigrants who entered the country legally but were not complying with federal immigration law, <a href="http://articles.latimes.com/2011/mar/06/nation/la-na-illegal-immigration-20110306" target="_hplink">according to the LA Times.</a> <strong>Status: </strong> Law went into effect on 03/15/2011 House: 59-15 (03/04/2011) Senate: 22-5 (03/04/2011)
The Most Comprehensive: Florida HB-1C
Florida's immigration law prohibits any restrictions on the enforcement of federal immigration law. It makes it unlawful for undocumented immigrants within the state to apply for work or work as an independent contractor. It forbids employers from hiring immigrants if they are aware of their illegal status and requires work applicants to go through the E-verify system in order to check their Social Security number. <strong>Status: </strong>effective since October 1st, 2010
The Hot Seat: Alabama HB 56
The new immigration law in Alabama is considered the toughest in the land, even harder than Arizona's SB 1070. It prohibits law enforcement officers from releasing an arrested person before his or her immigration status is determined. It does not allow undocumented immigrants to receive any state benefit, and prohibits them from enrolling in public colleges, applying for work or soliciting work in a public space. The law also prohibits landlords from renting property to undocumented immigrants, and employers from hiring them. It requires residents to prove they are citizens before they become eligible to vote. The law asked every school in the state to submit an annual report with the number of presumed undocumented students, but this part, along with others, were suspended by federal courts. <strong>Status:</strong> Approved June 2nd, 2011 House: 73-28 (04/05/2011) Senate: 23-11 (05/05/2011) <a href="http://www.flickr.com/photos/longislandwins/" target="_hplink">Flickr photo by longislandwins</a>