Discrimination, Department of Justice (DOJ), Employer Liability Issues

EEOC Defines Unlawful DEI

CDF Labor Law LLP on 3/20/2025

Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work....more

Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump

Keating Muething & Klekamp PLL on 2/27/2025

Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more

Is the DOJ’s “Pattern or Practice” of Extracting Settlements from Companies Not Hiring Immigrants Valid?

Alston & Bird on 9/6/2023

Our Immigration Team explores the legal foundation of how the Department of Justice has convinced companies to settle suits brought under the unfair immigration-related employment practices statute....more

DOJ Civil Rights Division Intensifies Efforts to Investigate Discrimination Against US Workers

WilmerHale on 10/16/2017

On October 11, 2017, the Department of Justice's (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER) and the Department of State's Bureau of Consular Affairs announced a partnership aimed at protecting US...more

Increased Fines on the Horizon for Immigration Law Violations

McGuireWoods LLP on 7/7/2016

The Department of Justice has raised the bar on penalties for violations of federal immigration law. On June 30, 2016, DOJ issued an interim final rule that goes into effect on August 1, 2016. This rule, implemented as an...more

Employers May Request Alternative Documents Following an Internal I-9 Audit

Shumaker, Loop & Kendrick, LLP on 11/9/2015

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request...more

DHS Proposes Changes to E-Verify Program: I-9 Reverifications and FNC Formal Reviews

Foley & Lardner LLP on 7/22/2015

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

Retailers Should Review I-9 Processes in Light of Recent DOJ Settlement

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/21/2015

Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more

Transgender Complaints on the Rise: What Should Employers Do?

Baker Donelson on 5/20/2015

The President, the EEOC and the Justice Department have announced that gender identity discrimination is prohibited sex discrimination under Title VII. Since these declarations, the number of lawsuits alleging gender identity...more

What Happens When An Employee Admits I-9 Documents Were Fraudulent

Shumaker, Loop & Kendrick, LLP on 2/5/2015

On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for...more

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Bradley Arant Boult Cummings LLP on 2/5/2015

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

If You Haven’t Already, It’s Time to Add Sexual Orientation and Trans-Gender to Your Discrimination Policy

Cozen O'Connor on 1/13/2015

On its face, federal law does not list sexual orientation or trans-gender status as protected categories. Some states or cities have passed their own laws offering such protections, leaving a patchwork of laws across the...more

DOJ Says Gender Identity Discrimination Violates Title VII

Parker Poe Adams & Bernstein LLP on 1/12/2015

Over the past several months, EmployNews reported a growing trend of claims alleging that discrimination on the basis of sexual orientation and transgendered status violates Title VII if the alleged conduct involves gender...more

Immigration Alert: September 2014

Epstein Becker & Green on 9/22/2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

The Employment Law Authority - July/August 2014

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2014

In this Issue: - Immigration. DOJ settles immigration-related discrimination claim - State Round-Up. Learn about the latest employment law news in your state - Traditional Labor. Eric Stuart discusses two recent ...more

Justice Department Settles Immigration-Related Discrimination Claim

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/30/2014

The Department of Justice (DOJ) recently announced that it had reached an agreement with a Dallas-based company resolving claims that it violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by...more

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/30/2014

In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

Epstein Becker & Green on 12/19/2013

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Discrimination › Department of Justice (DOJ) › Employer Liability Issues

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