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MicroLink Devices, Citizenship Discrimination, Illinois 2013

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Citizenship Bias Costs Niles Firm $12,000

A Niles-based manufacturer of semiconductor structures and advanced solar cells has been slapped with a $12,000 fine for discriminating against non-citizen workers in its hiring process.

MicroLink Devices, based in Niles, Ill., was accused of violating the anti-discrimination provision of the Immigration and Nationality Act (INA) when it placed six online job postings that explicitly stated citizenship status preferences or requirements that excluded certain work-authorized non-citizens from consideration.

Under the INA, employers may not discriminate on the basis of citizenship status unless required to comply with law, regulation, executive order or government contract. Despite being a party to several federal contracts subject to the International Traffic in Arms Regulations (ITAR), MicroLink Devices is not required to limit job applicants to or prefer U.S. citizens in the hiring process.

“Employers must give all eligible candidates the equal opportunity to compete for employment,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is committed to ensuring employers do not discriminate against protected individuals based on citizenship status.”

Under the settlement agreement, MicroLink Devices will revise its hiring and recruiting procedures, conform future job postings to the requirements of the law, and be subject to training, reporting and compliance and monitoring requirements.

The case settled prior to the Justice Department filing a complaint in this matter. For more information about protections against employment discrimination under the immigration laws, call the OSC’s worker hotline at 1-800-255-7688 or the OSC’s employer hotline at 1-800-255-8155. TDD for hearing impaired is 800-237-2515. You may also sign up for a no-cost webinar at www.justice.gov/crt/osc/webinars.php, email oscert@usdoj.gov, or visit the website at www.justice.gov/crt/about/osc.

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