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US Companies, Discrimination Against U.S. Workers, Washington D.C. 2024

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Justice Department Cracks Down on Companies Discriminating Against U.S. Workers

As the nation marks the third anniversary of the President’s Buy American and Hire American (BAHA) Executive Order, the U.S. government is reaffirming its commitment to protect U.S. workers from discrimination.

Assistant Attorney General Eric Dreiband of the Civil Rights Division emphasized that the Department of Justice will hold companies accountable for denying U.S. workers employment opportunities in favor of temporary visa holders. This comes at a time when more U.S. workers may be looking for employment due to the economic impact of COVID-19.

Consistent with the BAHA Executive Order, the Immigrant and Employee Rights Section (IER) of the Civil Rights Division has launched the Protecting U.S. Workers Initiative in 2017. Through this initiative, the government targets, investigates, and brings enforcement actions against employers that intentionally discriminate against U.S. workers due to a preference for temporary visa workers.

IER has reached numerous settlements under this initiative, and employers have distributed or agreed to pay a combined total of more than $1.2 million in back pay to affected U.S. workers and civil penalties to the United States. These settlements involve employers that discriminated in their use of the H-1B, H-2A, and H-2B visa programs.

For example, last month IER reached a settlement with a Maryland construction firm, resolving claims that the company violated the law by preferring H-2B visa holders over qualified U.S. workers.

The government has also increased its collaboration with federal partners under the Protecting U.S. Workers Initiative to increase information sharing, promote discrimination referrals, and improve efforts to target wrongdoers. The government has entered into or expanded existing partnerships with the Department of Labor, the Department of Homeland Security, and the Department of State.

Workers and their advocates can contact IER for information on protections under the law. Workers can call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired) to get information on rights under the law IER enforces or to report discrimination. IER offers free webinars for workers and their advocates on protections from discrimination under the law that IER enforces.

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