The Justice Department has announced that it has secured a settlement agreement with Nederlander Marketing, Inc., dba Broadway Direct (Broadway Direct), a ticket services company based in New York. The agreement resolves the department’s determination that Broadway Direct violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizen workers based on citizenship status when it advertised and hired for a position in New York.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “Job advertisements that unlawfully limit jobs to U.S. citizens create barriers for non-U.S. citizens who have permission to work in the United States. The Justice Department will continue to ensure that all workers have a fair shot at job opportunities, and will hold employers accountable for discriminating against workers because of citizenship, immigration status, or national origin.”
The department began its investigation in July 2022, after learning that Broadway Direct may have posted a job advertisement limiting its hiring for a position to only U.S. citizen applicants. After conducting an investigation, the department determined that Broadway Direct had posted at least one job advertisement with unlawful citizenship status restrictions. Under the INA, employers cannot generally discriminate based on citizenship, immigration status, or national origin at any stage of the hiring process.
Under the terms of the settlement, Nederlander will pay a civil penalty to the United States, train staff on the INA’s anti-discrimination provision, review and revise their employment policies, and be subject to departmental monitoring for a two-year period.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
This is an important step taken by the Justice Department in ensuring that all workers have fair access to job opportunities and that employers are held accountable for any form of discrimination. The settlement serves as a reminder for employers to adhere to the laws and regulations and not discriminate against workers based on citizenship, immigration status, or national origin.