Man Bites Dog—DOJ Files Suit Against An Indian Body Shop…But Not For Discriminating Against American
Sort of. The United States Department of Justice Civil Rights Division (DOJ CRD) announced a lawsuit against an Indian job shop, Whiz International LLC, not for discriminating against Americans, but for retaliating against an employee who objected to the discrimination. (h/t Stein Report)
DOJ CRD Press Release May 22, 2012
The Justice Department filed a lawsuit today against Whiz International LLC, an information technology staffing company in Jersey City, N.J., regarding allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it terminated an employee in retaliation for expressing opposition to Whiz’s alleged preference for foreign nationals with temporary work visas.
The complaint alleges that the company directed an employee that served as a receptionist and a recruiter, to prefer certain noncitizens in its recruitment efforts and then terminated the employee when she expressed discomfort with excluding U.S. citizens and lawful permanent residents from consideration. The anti-discrimination provision 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.
“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.”
It is clear that the objection of the DOJ CRD is not to the underlying discrimination, but the retaliation. It is sending a message to employers that discrimination is tolerated, just don`t get caught retaliating against an employee who objects to national origin discrimination, at least if the discrimination is directed against American tech workers, who are predominately white. It is certain that the job shop industry has heard this as a go-ahead to ethnically cleanse their workforce.