DOJ sues staffing agency for violating Immigration and Nationality Act

DOJ sues staffing agency for violating Immigration and Nationality Act

May 24, 2012 - 12:01pm


JERSEY CITY, N.J.—The Justice Department has filed a lawsuit against a staffing agency, charging it with firing a worker for objecting to the firm's preference for hiring foreign nationals with temporary work visas to American citizens.


According to a statement issued by the DOJ on Tuesday, the complaint charges Jersey City, N.J.-based Whiz International L.L.C., an information technology staffing company, with violating the antidiscrimination provisions of the Immigration and Nationality Act when it terminated the employee in retaliation for expressing opposition to the firm's alleged preference for hiring foreign nationals with temporary work visas to U.S. citizens and lawful permanent residents.


The INA's antidiscrimination provision prohibits employers from retaliating against workers who oppose a practice that is illegal under the statute, or who attempt to assert rights under the statute, according to the DOJ.

‘Retaliation will not be tolerated’

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee and civil penalties, according to the department’s statement, which did not identify the employee beyond stating she had served as a receptionist and recruiter.


Thomas E. Perez, assistant attorney general for the DOJ’s civil rights division, said in the statement, "Employers cannot punish employees who try to do the right thing and take reasonable measures to shed light on a practice they believe may be discriminatory. Employers must ensure that their practices conform to the antidiscrimination provisions of the INA and retaliation will not be tolerated.”


A company spokesman could not be reached for comment.

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