By: Bruce Buchanan, Sebelist Buchanan Law



The Civil Rights Division’s Immigrant and Employee Rights Section (IER) of the Department of Justice has reached a settlement with Perspective Talent LLC, a Pembroke Pines, Florida information technology recruiting and staffing firm. The settlement resolves the IER’s investigation into whether the firm discriminated against work-authorized non-U.S. citizens, including asylees, because of their citizenship status, in violation of the Immigration and Nationality Act (INA).

The investigation arose from a complaint made by a work-authorized asylee alleging Perspective Talent’s discriminatory job advertisement excluded him from consideration based on his citizenship status. After investigating the complaint, the IER concluded Perspective Talent routinely posted job advertisements that unlawfully restricted applicants to U.S. citizens, lawful permanent residents, and TN-1 visa holders. Based on this practice, Perspective Talent initially failed to refer the complainant for a job because of his asylee status. After learning of the IER’s investigation, Perspective Talent took immediate corrective action by referring the complainant for the position and correcting its job advertisements.

Under the terms of the agreement, the firm will participate in training on the INA’s anti-discrimination provision, change its policies and procedures to ensure that its job advertisements do not unlawfully exclude individuals who are authorized to work in the United States based on their citizenship/immigration status, and be subject to departmental monitoring and reporting requirements for three years.

If you want to know more information on issues of citizenship status discrimination and employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.