On August 22, the Department of Justice (DOJ) announced a settlement agreement with Microlink Devices, an Illinois-based manufacturer of semiconductors and solar cells, over claims that the company violated the anti-discrimination provisions of the Immigration and Nationality Act (INA) in six job postings that indicated an explicit citizenship status preference or excluded certain work-authorized non-citizens from consideration. The settlement agreement was reached prior to the filing of a formal complaint by the DOJ.
Although MicroLink maintains several federal contracts subject to the International Traffic in Arms Regulations (ITAR), which govern the export and import of sensitive technology, these regulations do not permit employers to limit employment eligibility on the basis of citizenship status.
According to the terms of the settlement, MicroLink will pay $12,000 in civil penalties, revise its hiring and recruiting practices, conform future job announcements to federal immigration law, and be subject to training, reporting, compliance and monitoring requirements.©2013 Greenberg Traurig, LLP. All rights reserved.