Micron Technology to pay $85K to resolve claim of immigration-related employment discrimination

Micron Technology Inc. will pay $85,000 in a settlement with the U.S. Department of Justice over a claim of immigration-related employment discrimination.

The agreement 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, per an April 20 Justice Department news release.

Boise, Idaho–based Micron Technology Inc. (NASDAQ: MU) is a manufacturer of semiconductor memory and storage products. Micron plans to invest up to $100 billion over the next 20-plus years on a semiconductor manufacturing campus at the White Pine Commerce Park in the town of Clay.

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“Companies cannot unlawfully discriminate against a job applicant because they prefer to hire someone with a different citizenship or immigration status,” Assistant Attorney General Kristen Clarke of the Justice Department’s civil rights division said. “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.

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In reaction, a Micron spokesperson forwarded a statement to CNYBJ. ““Micron is committed to conducting all business with uncompromising integrity and in compliance with applicable laws and regulations where we operate, which includes the provisions of the Immigration and Nationality Act (INA) as well as the PERM labor certification process. As reflected in the public settlement, Micron disputes and denies the allegations underlying this matter.”

The civil rights division’s immigrant and employee rights section (IER) is responsible for enforcing the anti-discrimination provision of the INA. This law prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.

Eric Reinhardt

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