This is one of 100 openly discriminatory want ads posted by Avant Healthcare seeking foreign citizens in the US. Now you can understand why the DOJ went after this American company.
Below is press coverage by the AP:
WASHINGTON (AP) Feb. 8, 2013— The Justice Department and Avant Healthcare Professionals LLC have resolved allegations that the company posted discriminatory job advertisements on the Internet.
The government says hundreds of job postings by the health care staffing company based in Casselberry, Fla., contained language impermissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers.
The Immigration and Nationality Act bars employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract. None of those limited exceptions applied to Avant's recruitment efforts.
Avant has agreed to pay $27,750 in civil penalties, adhere to the law's anti-discrimination protections and undergo monitoring requirements for three years.
BFJ comments on the impact of "monitoring"
For 3 years, the DOJ can conduct random audits on Avant Healthcare, inspect their offices, interview witnesses and examine business documents, and compel them to produce compliance reports. If they don't behave, the DOJ will determine they are in violation. Also, the DOJ will still investigate any discriminatory complaints logged against them.
This monitoring agreement will probably prevent many companies from entering into contracts with Avant Healthcare while they are in "re-hab". Many companies have strict policies of rejecting sub-contractors that have lawsuits pending or special government monitoring.
If you were this company, would you rather pay a much larger fine to avoid 3 years of monitoring? Have you ever worked for a company which was monitored by the DOJ? Any lawyers reading this can also explain what this monitoring means.