Bloggings on I-9 E-Verify Immigration Compliance

by Bruce Buchanan

DOJ Settles Discrimination Claim against MicroLink Devices; by Bruce Buchanan, Siskind Susser

The Justice Department has reached a settlement agreement with MicroLink Devices, an Illinois manufacturer of semiconductor structures and advanced solar cells. The agreement resolves allegations that the company violated the anti-discrimination provision of the Immigration and
Nationality Act (INA), when it placed six online job postings that explicitly stated citizenship status requirements that excluded certain work-authorized non-citizens from consideration.

Under the INA, employers may not discriminate on the basis of citizenship status unless required to comply with law, regulation, executive order or government contract. Although MicroLink Devices is a party to several federal contracts subject to the International Traffic in Arms
Regulations (ITAR), which control the export and import of sensitive technology, ITAR does not require or permit employers to limit job applicants to or prefer U.S. citizens in the hiring process. The job postings therefore impermissibly discriminated against non-citizen workers eligible for the advertised positions, such as lawful permanent residents, refugees and asylees.

Under the settlement agreement, MicroLink Devices will pay $12,000 in civil penalties, 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.

This settlement is just another example of how companies need to consult with their immigration and employment attorneys (usually separate attorneys though in my case, I am both) about job postings and requirements.

About The Author

Bruce E. Buchanan is an attorney at the at Nashville Office of Siskind Susser, P.C. He represents individuals and employers in all aspects of immigration law, with an emphasis on immigration compliance for employers, and employment/labor law. Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982 and a B.S. degree from Florida State University, where he graduated magna cum laude. Mr. Buchanan has been in private practice since 2003. Beforehand, he served as Senior Trial Specialist for the National Labor Relations Board for 20 years. He also served from 1991 to 2003 as Adjunct Professor at William H. Bowen UALR School of Law, where he taught courses in Labor Law and Employment Law. Mr. Buchanan was chair of the Tennessee Bar Association's Immigration Law Section from 2011 to 2012 and has been the editor of the TBA's Immigration Law Section Newsletter and the TBA's Labor and Employment Law Section Newsletter since 2009. Mr. Buchanan is a frequent writer and speaker on immigration compliance as well as labor law, wage & hour law and proposed federal legislation. He is a member of American Immigration Lawyers Association (AILA) and serves as the Advocacy Liaison of the Mid-South Chapter of AILA. Mr. Buchanan also serves on the Board of Directors for the Nashville International Center for Empowerment (NICE) and is an associate member of the Mid-Tennessee Chapter of the Associated Builders & Contractors. Mr. Buchanan is admitted to practice in Tennessee, Florida, and Arkansas, before the U.S. Court of Appeals for the Fifth, Sixth, Eighth, and D.C. Circuits and the U.S. District Courts for the Middle District of Tennessee and the Eastern and Western Districts of Arkansas.

The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.