The US Department of Justice announced a settlement with Georgia-based IT staffing firm Innova Solutions, formerly American CyberSystems Inc., over immigration-related bias claims. The company recruited for two positions using advertisements that excluded certain applicants based on their citizenship statuses, according to the department.

In one of the allegations, Innova Solutions posted an advertisement recruiting only US citizens and lawful permanent residents, excluding US nationals, refugees and those seeking asylum, according to the department. The position advertised involved access to materials subject to the International Traffic in Arms Regulations and Export Administration Regulations, according to the department.

Laws require employers to seek special authorization from the US government for certain workers if their job requires accessing export-controlled items, according to the department. Under these regulations, however, US nationals, asylees and refugees are on the same footing as US citizens and lawful permanent residents, and employers do not need authorization to share export-controlled items with these workers. The department concluded that the company had no justification to exclude them from hiring.

In another allegation, the company posted a second, unrelated job advertisement specifically seeking workers with temporary work visas, the department said.

“Employers cannot unlawfully discriminate against individuals based on their citizenship status when they advertise job opportunities, plain and simple,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a press release.

As part of the settlement, Innova Solutions will train its recruiting and human resources staff on the requirements of the Immigration and Nationality Act’s anti-discrimination provision, review its policies to ensure compliance with relevant laws and be subject to departmental monitoring and reporting requirements. The company will also pay a civil penalty, according to the department.

Update

Innova said in a statement to Staffing Industry Analysts: “As a Minority Business Enterprise, American CyberSystem, Inc. is committed to upholding the highest standards of inclusive hiring and does not discriminate against applicants based on their citizenship.  As reflected in the settlement agreement itself, the company denies that it engaged in any unlawful discrimination or violated any law. Nevertheless, the company is working with the IER to ensure its continued compliance with the Immigration and Nationality Act.”