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Immigration Law

Citizenship Discrimination Settlements (CarMax, Axis Analytics, Capital One Bank, Walmart)

DOJ, Sept. 21, 2022

"The Department of Justice today announced that it entered into another four settlements to resolve claims that companies discriminated against non-U.S. citizens by posting job opportunities with unlawful citizenship status restrictions on college job recruiting platforms. These four agreements add to the department’s recent settlements with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty amount for all 20 employers to over $1.1 million. ... The department’s investigation found that each of the four companies posted at least one job announcement excluding non-U.S. citizens on an online job recruitment platform operated by Georgia Tech. Three of the companies — CarMax, Axis Analytics and Capital One Bank — also posted discriminatory advertisements on other college job platforms. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters. The new settlements require the four companies — CarMax, Axis Analytics LLC (aka Axis Group), Capital One Bank and Walmart — to pay a total of $331,520 in civil penalties, depending on the number of discriminatory advertisements they posted. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. In addition to paying civil penalties, the four employers must also require their recruiting staff to undergo training on their obligations under the Immigration and Nationality Act’s (INA) anti-discrimination provision and to refrain from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are required by law."