Gun Manufacturer Subject to ITAR Settles Discrimination Claim

DOJ reached a settlement with a Washington state-based firearms manufacturer, Aero Precision, over claims that it violated the Immigration and Nationality Act by "screening out" non-U.S. citizen job candidates, including asylees and refugees, DOJ announced. The INA says that asylees and refugees have the same eligibility to work jobs involving defense-related information as U.S. citizens, including for items controlled under the International Traffic in Arms Regulations.

From April to September 2020, Aero Precision put a hiring policy in place that screened out non-U.S. citizen candidates, DOJ said. Firearms manufacturers and exporters are subject to the ITAR, which restricts access to certain ITAR-controlled items to "U.S. persons," defined as "U.S. citizens, U.S. nationals, lawful permanent residents, asylees and refugees." DOJ said that ITAR "thus does not authorize or require employers to exclude asylees and refugees from consideration and hire only U.S. citizens and lawful permanent residents. By limiting hiring to just U.S. citizens and lawful permanent residents, Aero Precision placed unnecessary hiring restrictions on its workforce."

As part of the settlement, Aero Precision will train staff on the INA's anti-discrimination provision, review policies to ensure compliance with the INA and subject itself to departmental monitoring and reporting requirements.