A Virginia-based technology company, Arthur Grand Technologies Inc., has been fined $7,500 by the Department of Justice (DOJ) over a discriminatory job advertisement. The job posting, which appeared in March 2023, was for a business analyst position and explicitly stated: “Only US Born Citizens [white] who are local within 60 miles from Dallas, TX [Don’t share with candidates].”
Investigations and Penalties
The discriminatory job posting prompted investigations by both the DOJ and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The OFCCP initiated its investigation in April 2023, followed by the DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) in May 2023.
Arthur Grand Technologies’ CEO, Sheik Rahmathullah, denied any intentional wrongdoing, attributing the unauthorized posting to an upset employee who was on a Performance Improvement Plan (PIP). According to Rahmathullah, the employee used their personal email to create the job posting. The company claimed to have taken immediate action, including terminating the responsible employee, to prevent similar incidents in the future.
DOJ and Labor Department Agreements
The DOJ announced separate agreements with the company, resolving its determination that Arthur Grand Technologies violated the Immigration and Nationality Act (INA) by posting a discriminatory job advertisement. Assistant Attorney General Kristin Clarke of the DOJ’s Civil Rights Division condemned the use of such discriminatory job postings, emphasizing the DOJ’s commitment to holding employers accountable for violating federal civil rights laws.
As part of the DOJ agreement, Arthur Grand Technologies will be required to:
- Train its personnel on the requirements of the INA.
- Revise its employment policies.
- Be subject to departmental monitoring.
The Department of Labor’s OFCCP also reached a conciliation agreement with Arthur Grand Technologies. Acting Director Michele Hodge stated that companies accepting federal contracts must not engage in discriminatory hiring practices. Under the agreement, the company will provide compensation to individuals who filed complaints with the OFCCP.
Company’s Response
Arthur Grand Technologies, a minority-owned company, reiterated its commitment to diversity and inclusion in the wake of the incident. CEO Sheik Rahmathullah stated that the agreements should not be seen as an admission of guilt but expressed sincere apologies for any harm caused. The company pledged to implement meaningful changes to maintain trust and confidence within its community and among stakeholders.
This incident underscores the ongoing issues of discrimination in employment practices and the importance of regulatory oversight to ensure compliance with federal civil rights laws.