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Visa Bulletin for August 2024
DOJ, Apr. 20, 2023
"The Justice Department announced today that it has secured a settlement agreement with Micron Technology Inc. (Micron), a manufacturer of semiconductor memory and storage products based in Boise, Idaho. The settlement resolves the department’s determination that Micron violated the Immigration and Nationality Act (INA) by discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker.
“Companies cannot unlawfully discriminate against a job applicant because they prefer to hire someone with a different citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue to hold companies accountable, both big and small, for their violations of this federal civil rights law.”
The department’s investigation began when a U.S. citizen worker complained that Micron unfairly denied him employment because of his citizenship status. The department determined that Micron unlawfully preferred a temporary visa worker for the position, failing to meaningfully consider the U.S. citizen’s qualifications. Under the INA, employers cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process, unless required or allowed by law.
Under the settlement, Micron will pay a civil penalty to the United States and offer back pay totaling $85,000 to the affected worker. Additionally, Micron will train its staff on the INA’s anti-discrimination provision, change its policies and procedures and be subject to departmental monitoring for a two-year period.