Company that posted ‘whites only’ job ad settles discrimination case with federal government

According to officials, a company that published a job advertisement that discriminated against non-white candidates has been fined by the federal government. In addition, the company has reached separate agreements with the U.S. Department of Justice and Department of Labor as a form of punishment.

Arthur Grand Technologies, a Virginia-based information technology services firm, came under scrutiny in March 2023 for posting a discriminatory job advertisement. According to a statement from the United States Department of Justice released on Thursday, the advertisement explicitly stated that only “US Born Citizens [white] who are local within 60 miles from Dallas, TX [Donโ€™t share with candidates]” would be considered eligible for the position.

The Department of Justice stated that an investigation conducted by the Office of Federal Contract Compliance Programs (OFCCP) found that Arthur Grand Technologies advertised a business analyst position on a public online hiring website in April 2023. The advertisement specifically mentioned that only US citizens who were born in the country and were of white ethnicity would be considered for the position. The job was intended to support two clients, HTC Global and Berkshire Hathaway.

The Department of Justice also mentioned another case where Arthur Grand Technologies was accused of engaging in discriminatory practices.

The Department of Justice (DOJ) stated that in May 2023, an investigation by the Civil Rights Division’s Immigrant and Employee Rights Section (IER) revealed that Arthur Grand had engaged in discrimination based on citizenship status and national origin. The investigation was initiated after a recruiter employed by Arthur Grand’s subsidiary in India posted a job advertisement on the popular website Indeed. This advertisement garnered significant attention on social media and attracted coverage from multiple news outlets. The DOJ concluded that Arthur Grand’s actions had a detrimental impact on individuals who had legal permission to work in the United States, including U.S. citizens born outside of the country and certain non-U.S. citizens. These individuals were unlawfully discouraged from applying to the job advertisement.

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As part of the settlement reached with the Justice Department, Arthur Grand Technologies, an IT company, has been directed to pay a civil penalty to the United States. Additionally, the agreement mandates that Arthur Grand trains its personnel on the requirements of the Immigration and Nationality Act (INA), revises its employment policies, and undergoes ongoing monitoring by the department.

As part of the conciliation agreement reached with the Labor Department, Arthur Grand has agreed to provide compensation to individuals who have lodged complaints with its Office of Federal Contract Compliance Programs (OFCCP). Additionally, the company has made a commitment to offer workplace-specific training to all employees involved in recruiting, selecting candidates, or monitoring expressions of interest for vacant positions, according to the Department of Justice (DOJ).

According to the Department of Labor, Arthur Grand has reached an agreement to resolve the violation of Executive Order 11246. This order specifically prohibits federal contractors from engaging in employment discrimination based on various factors such as race, color, religion, sex, sexual orientation, gender identity, or national origin. The Department of Justice (DOJ) has confirmed this resolution.

Assistant Attorney General Kristen Clarke of the Justice Departmentโ€™s Civil Rights Division expressed her outrage and shame over the persistent use of discriminatory job postings that exclude candidates of color. She emphasized the need to hold employers accountable for violating federal civil rights laws that prohibit such practices. Clarke stated, โ€œIt is shameful that in the 21st century, we continue to see employers using โ€˜whites onlyโ€™ and โ€˜only US bornโ€™ job postings to lock out otherwise eligible job candidates of color. I share the publicโ€™s outrage at Arthur Grandโ€™s appalling and discriminatory ban on job candidates based on citizenship status, national origin, color, and race. The Justice Department, working with other government agencies, will continue to hold employers accountable when they violate our nationโ€™s federal civil rights laws.โ€

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Acting Director Michele Hodge of the Department of Laborโ€™s Office of Federal Contract Compliance Programs emphasized the agency’s dedication to safeguarding workers and job seekers against workplace discrimination. She expressed her commitment to ensuring that federal contractors, like Arthur Grand, are held responsible for their discriminatory practices, stating that companies cannot engage in a “whites only” hiring process.

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