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Virginia technology company to pay civil penalty over discriminatory ‘Whites only’ job posting, according to DOJ

By Ashley Van Sant, CNN

(CNN) — A Virginia company will pay a $7,500 civil penalty after being fined by the Department of Justice over a discriminatory job posting.

According to the DOJ, in March of 2023, Arthur Grand Technologies Inc., an information technology services firm based in Ashburn, Virginia, posted a job advertisement for a business analyst position.

The posting was shared on a public online hiring website and read “Only US Born Citizens [white] who are local within 60 miles from Dallas, TX [Don’t share with candidates].”

The post prompted the DOJ and Labor Department to launched investigations. The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched theirs in April 2023, and the DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) in May of 2023.

“Arthur Grand Technologies vehemently denies any guilt or wrongdoing in relation to the discriminatory job posting that appeared in March 2023,” said Arthur Grand Technologies CEO Sheik Rahmathullah in an email to CNN.

“This unauthorized posting was made by an upset employee on a Performance Improvement Plan (PIP) from their personal email address and account. Upon discovering this, we took immediate and decisive action to ensure that this type of incident will never happen again, including the immediate termination of the responsible employee.”

Thursday, the Justice Department announced separate agreements with the DOJ and Labor Department.

The DOJ’s agreement with the company resolves the agency’s determination that Arthur Grand violated the Immigration and Nationality Act (INA) by posting a discriminatory job advertisement.

In a DOJ press release, Assistant Attorney General of the DOJ’s Civil Rights Division Kristin Clarke said, “It is shameful that in the 21st century, we continue to see employers using ‘Whites only’ and ‘only US born’ job postings to lock out otherwise eligible job candidates of color.”

“The Justice Department, working with other government agencies, will continue to hold employers accountable when they violate our nation’s federal civil rights laws,” Clarke added.

According to the DOJ press release, Arthur Grand will also be required to “train its personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring.”

Michele Hodge, acting director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) said, “Companies like Arthur Grand, that accept federal contracts cannot have a ‘Whites only’ hiring process.”

As part of the Labor Department’s conciliation agreement, signed by Arthur Grand’s CEO, Sheik Rahmathullah, the company will also pay compensation to individuals who filed complaints with the Office of Federal Contract Compliance Programs (OFCCP).

“Arthur Grand Technologies is proud to be a minority-owned company,” and “These agreements should not be construed as an admission of guilt or wrongdoing by Arthur Grand Technologies,” said Rahmathullah, adding, “We sincerely apologize for any harm caused by this incident and are committed to making meaningful changes to maintain the trust and confidence of our community and stakeholders.”

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