News & Analysis as of August 18, 2025

Employment Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

From Ally to Adversary: Employers Face New EEOC Scrutiny for Hiring Immigrants

Seyfarth Shaw LLP on 2/21/2025

In a dramatic policy shift, the U.S. Equal Employment Opportunity Commission (“EEOC”) under Acting Chair Andrea Lucas announced, in a press release, a new focus on unlawful employment practices that favor non-American workers...more

Diversity in Citizenship, Immigration Status, and National Origin: How to Navigate Modern Workforce Demographics

Baker Donelson on 12/12/2023

As of 2021, about 45 million people living in the U.S. were born in other countries. Though this number has declined since the 2018 peak of 47 million, foreign-born residents have averaged 15 – 16 percent of the U.S....more

Requirement to show citizenship or permanent residency held to be discriminatory

Ius Laboris on 6/14/2023

In a recent decision, the Ontario Court of Appeal unanimously held that human rights law prevents employers from requiring employees to hold Canadian citizenship or permanent residence rather than another kind of work...more

Dear Littler: Can We Require Proof that Our Applicants Are Authorized to Remain in the United States Permanently or at Least for...

Littler on 11/29/2022

Dear Littler: We are a multi-state manufacturing company with facilities throughout the United States. Like many companies, we have experienced a great deal of employee turnover in the last few years. Many of our employees...more

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

McGuireWoods LLP on 11/14/2018

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

EEOC Sues LAZ Parking for National Origin Discrimination

U.S. Equal Employment Opportunity Commission... on 9/28/2018

Parking Company Laid Off Workers Based on National Origin, Federal Agency Says - BALTIMORE - LAZ Parking, the second largest parking company in the United States, violated federal law when it terminated three long-time...more

USCIS and DOJ Partner to Protect U.S. Workers from Hiring Policies that Favor Foreign Visa Workers

Littler on 5/17/2018

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more

Common Form I-9 Error — Over Re-verification

Arnall Golden Gregory LLP on 5/14/2018

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

2018 California Employment Legislation and Regulatory Update

Jones Day on 3/2/2018

The California Legislature in 2017 adopted multiple statutes that increase the complexity and scope of employment regulation. Most notable was the passage and signing of Assembly Bill 168, which prohibits employers from...more

California’s Labor & Employment Changes for 2018: Part I - Legislative Changes Impacting Employers

Best Best & Krieger LLP on 2/21/2018

California courts and Legislature greatly expanded protections for public and private workers in 2017, handing down decisions and passing laws regarding wages, discrimination based on criminal and salary histories,...more

Employers, Take Notice: New Employment Laws May Affect Your Business

Buchalter on 12/14/2017

Year after year, the California Legislature and the Governor implement new employment laws that place additional requirements on employers throughout the state. The employment laws that become effective on January 1, 2018...more

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

Holland & Knight LLP on 9/29/2017

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

A Review of the EEOC's Systemic Initiative: Tracking its Progress, Current Priorities, and Key Developments in FY 2016

Littler on 12/16/2016

On November 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report, which highlights key EEOC developments over the past fiscal year, ending September 30,...more

EEOC Updates Guidance on National Origin Discrimination

Akerman LLP - HR Defense on 12/15/2016

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

EEOC Strategic Enforcement Plan for 2017-2021

Bass, Berry & Sims PLC on 11/14/2016

The Equal Employment Opportunity Commission (EEOC) recently revealed its Strategic Enforcement Plan for 2017-2021. Of course, this Plan was developed before the election of Donald Trump as President. Thus, the information...more

California Legislative Update: Which Bills Made the Final Cut?

Littler on 10/4/2016

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Shaw LLP on 10/4/2016

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

Mintz - Immigration Viewpoints on 8/1/2016

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork...more

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