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US – Feds Sue IT Staffing Firm for Firing Recruiter

May 23, 2012

The federal government sued a Jersey City, N.J.-based information technology staffing firm claiming the company violated the Immigration and Nationality Act when it terminated an employee for complaining about the firm’s alleged preference for foreign nationals with temporary work visas, according to the U.S. Department of Justice.

IT staffing firm Whiz International LLC allegedly ordered an employee who served as a receptionist and recruiter to prefer noncitizens in its recruitment efforts, according to the Department of Justice. The employee was fired after raising concerns.

“Employers cannot punish employees who try to do the right thing and take reasonable measures to shed light on a practice they believe may be discriminatory,” said Thomas E. Perez, assistant attorney general for the civil rights division. “Employers must ensure that their practices conform to the anti-discrimination provision of the INA, and retaliation will not be tolerated.”

The anti-discrimination provision of the Immigration and Nationality Act prohibits employers from retaliating against workers who oppose a practice that is illegal under the statute or who attempt to assert rights under the statute.

The complaint seeks a court order prohibiting future discrimination by the respondent, monetary damages to the employee and civil penalties.