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Federal lawsuit alleges agency refused to refer American applicant for tech position in Silicon Valley
By Office of Communications & Legislative Affairs, U.S. Equal Employment Opportunity Commission
SAN FRANCISCO — Sibitalent Corp., a Texas-based employment agency specializing in information technology staffing and recruitment, violated federal law when it refused to refer an American applicant for a position in Mountain View, California because of the applicant’s national origin, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
According to the EEOC’s lawsuit, in July 2025, a Sibitalent recruiter contacted an American database developer by e-mail for a business data analyst position in Mountain View, California, but included a notification “ONLY H-1B,” in large, highlighted text. When the American developer questioned the legality of such a visa requirement for the position, the Sibitalent recruiter ceased communicating and refused to refer him for the job. Sibitalent subsequently referred two candidates of Indian and Nepali origin for the same analyst position, according to the suit.
According to the U.S. Department of Labor’s website, the H-1B Visa program “applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
“The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.”
“The EEOC’s mission is to ensure equal opportunity for all, which includes Americans,” said EEOC Chair Andrea Lucas. “Employers and employment agencies cannot shut qualified Americans out of job opportunities by using unjustified visa requirements as a proxy for national origin discrimination. The EEOC will vigorously enforce federal law to protect American workers from unlawful discrimination.”
This alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination by employment agencies based on national origin. The EEOC filed suit (EEOC v. Sibitalent Corp., Case No. 3:26-cv-11106) in the U.S. District Court for the Northern District of California, after first attempting to reach a pre‑litigation settlement through its administrative conciliation process.
EEOC San Francisco District Director Christopher Green said, “The EEOC will vigorously enforce Title VII to ensure that American applicants can compete for jobs on a level field where hiring decisions are based on qualifications and performance.”
The EEOC recently released information on anti-American discrimination and is partnering with the Department of Labor in Project Firewall. For more information on national origin discrimination, please visit https://www.eeoc.gov/national-origin-discrimination.
The EEOC’s San Francisco District Office has jurisdiction over Northern Nevada, Northern California, Washington, Alaska, Oregon, Idaho and Montana.
The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.
Allen D. Payton contributed to this report.
