EEOC sues Sibitalent Corp. over alleged visa-based discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a federal lawsuit against Sibitalent Corp., a Texas-based IT recruitment agency, alleging national origin discrimination. The lawsuit claims the agency refused to refer an American applicant for a business data analyst position in Mountain View, California, because of his citizenship status.

According to the EEOC, a recruiter contacted the American developer but included a prominent notification stating ‘ONLY H-1B’ regarding the visa requirements for the role. When the applicant questioned the legality of such a requirement, the recruiter allegedly ceased communication and refused to refer him. Sibitalent subsequently referred two candidates of Indian and Nepali origin for the same position.

EEOC Chair Andrea Lucas stated that employers and agencies cannot use unjustified visa requirements as a proxy for national origin discrimination. The suit, filed in the U.S. District Court for the Northern District of California, alleges these actions violate Title VII of the Civil Rights Act of 1964.