News & Analysis as of

Form I-9 Employer Liability Issues Employment Discrimination

The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers... more +
The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -
Mayer Brown

How Employers Can Navigate the Legal Ramifications of the DOJ’s New Directives for Immigration Enforcement

Mayer Brown on

AT A GLANCE On February 5, 2025, Attorney General Pamela Bondi issued a series of internal memoranda directing the Department of Justice (DOJ) to implement policy priorities of the Trump Administration. Several of these...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software...more

Dickinson Wright

Avoiding Claims of Citizenship and National Origin Discrimination When Interviewing, Hiring, and Onboarding Foreign Workers

Dickinson Wright on

It is illegal to discriminate on the basis of citizenship or national origin in recruiting, hiring, onboarding, or employing workers. Title VII of the Civil Rights Act of 1964 (“Title VII”) as well as the Immigration Reform...more

Snell & Wilmer

Critical Issues for Employers in the Hiring Process: I-9 Compliance, Disability Inclusion, and Interview Questions

Snell & Wilmer on

Hiring & Immigration: Form I-9 Compliance - Of the myriad of new hire documents that must be completed, the Form I-9 is one of the most important when it comes to immigration compliance. The Form I-9 is used for...more

McAfee & Taft

On The Horizon: Greater enforcement of employment laws

McAfee & Taft on

Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples....more

McGuireWoods LLP

Food and Beverage Industry Focus: DOJ Targets Immigration-Related Discrimination

McGuireWoods LLP on

The Department of Justice’s Immigrant and Employee Rights section (IER) enforces immigration-related discrimination statutes. Over the past year, IER has investigated several companies in the food and beverage industry for...more

Arnall Golden Gregory LLP

Common Form I-9 Error — Over Re-verification

The Department of Justice (DOJ) settled an immigration-related discrimination claim against the University of California, San Diego related to the unlawful re-verification of work authorized individuals....more

Faegre Drinker Biddle & Reath LLP

California Employers: Know and Comply With New Laws Affecting Your Business in 2018

Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers. The new laws address several topics, including: - Broader gender-related discrimination,...more

Littler

WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures

Littler on

As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more

Fisher Phillips

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Fisher Phillips

Walking The E-Verify Tightrope: The Balance Between Compliance And Avoiding Discrimination Claims

Fisher Phillips on

Here’s the skinny: the Trump administration wants to make E-Verify mandatory for all employers. The electronic database that immediately confirms an individual’s eligibility to work in the United States has been promoted as a...more

Arnall Golden Gregory LLP

Discrimination Pitfall When Completing the Form I-9

Today’s fun fact – as an employer you cannot ask employees to provide a specific document or documents when completing section 2 of the Form I-9 (the Employment Eligibility Verification form). Remember, all employers must...more

Foley & Lardner LLP

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

Foley & Lardner LLP on

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Bradley Arant Boult Cummings LLP

You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more

Akerman LLP - HR Defense

EEOC Updates Guidance on National Origin Discrimination

Akerman LLP - HR Defense on

As we observed, the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and...more

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