June 29, 2016

121 Medical Residency Programs and Medical Association Settle Immigration Discrimination Claims

The Justice Department recently reached agreements with 121 podiatry residency programs and the American Association of Colleges of Podiatric Medicine (AACPM) to resolve claims that they discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).

The department’s investigations found that between 2013 and 2015, the programs and AACPM created and published discriminatory postings for podiatry residents through AACPM’s online podiatry residency application and matching service. Specifically, the department determined that hundreds of job postings limited podiatry residency positions to U.S. citizens even though there was no legal authorization for the citizenship requirement. Several work-authorized non-U.S. citizens stated that they were discouraged or deterred from applying to residency programs because of the citizenship requirements, and the department concluded that two lawful permanent residents were denied consideration for positions because of unlawful citizenship requirements.

Under the settlement agreements, the programs are required to remove citizenship requirements from podiatry residency postings except where required by law, train staff involved in the advertising and hiring of podiatric residents and ensure that future residency postings are reviewed by staff trained in equal employment opportunity laws or by legal counsel. Some of the settlements also require the programs to pay a civil penalty, amounting to total civil penalties from the programs of $141,500.

The settlement with AACPM requires it to pay $65,000 in civil penalties, train its staff on the anti-discrimination provision of the INA and ensure that all participating programs receive such training before they may use AACPM’s online system to advertise residency positions. The settlement also requires AACPM to refund the fees that the charging party paid to use AACPM’s residency application and matching system.

“Immigrants authorized to work in our country should never face unlawful discriminatory barriers to employment,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Across the industry, these settlements will ensure that qualified medical students have equal opportunities to join podiatric residency programs and provide healthcare services to our communities.”

The INA’s anti-discrimination provision prohibits employers from discriminating in hiring, firing and recruiting or referring for a fee based on a person’s citizenship, immigration status or national origin. Employers may not limit job opportunities to U.S. citizens unless employers have a legal basis to do so, such as a law, regulation or government contract that imposes citizenship requirements on the position. Similarly, recruiters and referrers for a fee may not impose barriers to obtaining employment based on an individual’s citizenship, immigration status or national origin. This means, for instance, that unless a legal exception applies, they may not advertise jobs as available only to U.S. citizens because doing so excludes other work-authorized individuals, such as U.S. nationals, lawful permanent residents (often referred to as green card holders), asylees and refugees.

121 Medical ResidencyBadmus advisory: Employers must never limit their job opportunities to U.S. citizens unless required to do so by law, regulation or government contract. To avoid what could be a very expensive mistake, companies need to properly train managers, recruiters, and any employees with hiring authority in anti-discrimination rules. For affordable training options, you are invited to call me at 214-472-2161.