The U.S. Department of Justice recently announced a settlement of a legal action filed against the American Academy of Pediatrics (AAP) after it determined that the organization discriminated against authorized immigrants who were eligible to apply for certain jobs. AAP's PedJobs website limited applications to U.S. citizens and holders of certain types of visas.

Under the federal Immigration and Nationality Act (INA), employment recruiters and paid referral services generally cannot discriminate on the basis of citizenship status or national origin. The DOJ determined that Job postings for doctors and nurses on PedJobs unfairly excluded some immigrants with appropriate work authorizations.

"No one who has the right to work in the United States should be deterred from applying for a job because of a discriminatory posting," Assistant Attorney General for the Civil Rights Division Thomas E. Perez said in a DOJ press release about the employment discrimination investigation. "Companies that derive revenue from job postings have responsibilities under the anti-discrimination provisions of the Immigration and Nationality Act, and we look forward to working with those companies to achieve and to maintain compliance."

Discrimination Based on National Origin is Illegal

Individuals who are wrongfully denied the ability to apply for employment may also have legal claims against employers or recruiters. Discrimination based on citizenship status, race, religion and other prohibited factors that affect hiring, promotions termination and other decisions is prohibited under both federal and state statutes. An experienced employment law attorney can help individuals review the circumstances which characterize unlawful workplace discrimination and assess their legal options.