News & Analysis as of

Immigration and Nationality Act Department of Justice (DOJ) Employment Discrimination

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

EEOC’s Focus on Protecting American Workers From National Origin Discrimination Tees Up Potential Increase in Similar DOJ...

The Trump administration’s focus on combating illegal immigration is now impacting the U.S. Equal Employment Opportunity Commission’s (EEOC) and potentially the U.S. Department of Justice’s (DOJ) focus on enforcing...more

Alston & Bird

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on

On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Constangy, Brooks, Smith & Prophete, LLP

Apple to pay $25 MM to settle claims it discriminated against U.S. workers

Apple Inc. has agreed to pay $25 million to the U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section, to settle claims that it discriminated against U.S. workers in recruiting and hiring...more

Wilson Sonsini Goodrich & Rosati

DOJ Sues SpaceX in Continuing Campaign Against Use of Export Controls to Justify Employment Discrimination

On August 24, 2023, the U.S. Department of Justice (DOJ) filed a complaint against Space Exploration Technologies Corporation (SpaceX) for its alleged violations of the Immigration and Nationality Act’s (INA) prohibition on...more

Hogan Lovells

US export controls compliance while avoiding immigration-related discrimination: DOJ issues guidance

Hogan Lovells on

On Tuesday April 18, 2023, the U.S. Department of Justice (DOJ) Civil Rights Division’s Immigrant and Employee Rights Section (IER) issued additional guidance regarding compliance with U.S. anti-discrimination laws at the...more

Foley & Lardner LLP

On The Lookout For Imposters In Virtual Job Interviews

Foley & Lardner LLP on

In the movie classic "Good Will Hunting," the interviewers are shocked and dismayed when Ben Affleck's character appears at an interview intended for Matt Damon's character. Based on Damon's resume and other...more

Haynsworth Sinkler Boyd, P.A.

U.S. DOJ Settles Immigration-Related Discrimination Claim Against California Agricultural Company

The U.S. Department of Justice recently announced that it reached a settlement with an agricultural company located in California. The settlement concludes an investigation into whether the company discriminated against...more

Vedder Price

Navigating Export Compliance and Anti-Discrimination: What DOJ’s Recent Settlement with Honda Aircraft Teaches Us

Vedder Price on

The Department of Justice (DOJ) recently reached a settlement with Honda Aircraft Company, LLC (Honda Aircraft) resolving a claim that Honda Aircraft violated the Immigration and Nationality Act’s (INA) anti-discrimination...more

Holland & Hart - Employers' Lawyers

Export Control Laws Not a Blank Check to Exclude Job Applicants

Earlier this month, the U.S. Department of Justice announced that it had reached a settlement with Honda Aircraft Company LLC in connection with allegations that Honda Aircraft engaged in unfair immigration-related...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Haynsworth Sinkler Boyd, P.A.

DOJ And DOL Combine Forces To Combat Employment Discrimination Against U.S. Workers

On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws....more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

McGuireWoods LLP

The Export/Immigration Dilemma: Don’t Let OSC Catch Your HR Department Unawares

McGuireWoods LLP on

On March 31, 2016, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a carefully worded technical assistance letter addressing the complex interplay...more

BakerHostetler

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

BakerHostetler on

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

Littler

DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

Littler on

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently issued an opinion letter clarifying that employers that carry out discriminatory employment practices,...more

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