Civil Rights Immigration

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Does the recognition of same-sex marriage in Pennsylvania have any effect on immigration visa petitions for Pennsylvania citizens?

Immigration visas, unlike marriage recognitions, are regulated by the federal government, not the individual states. This means that the Pennsylvania Whitewood decision, albeit groundbreaking on a state level, has no effect...more

Discrimination Enforcement: Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging discrimination, based on unfair documentary practices during...more

New Law Signed Modifying California’s Anti-Retaliation Protections

In the December 2013/January 2014 issue of the Immigration eAuthority, we reported that California had enacted several new laws that provide California workers, who are seeking to change their personal information, engage in...more

IRCA Does Not Preempt FEHA, But Limits Available Remedies

In Salas v. Sierra Chemical Co., the California Supreme Court addressed the issue of whether the federal Immigration Reform and Control Act (“IRCA”) preempts the application of the antidiscrimination provisions of...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the...more

Unauthorized Work Status Does Not Bar Discrimination Claims

In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 41: Discrimination Laws Apply To...

Illegal immigration is one of the biggest political issues of the 21st Century in the United States, as both political parties support the reform of immigration laws in one way or another. Until the laws are reformed, the...more

The Employment Law Authority - May/June 2014

In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

Justice Department Settles Immigration-Related Discrimination Claim

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

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

Judge Rules to Limit Mandatory Detention of Immigrants in California

On Thursday May 15, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder, a...more

10 Tips to Avoid Discrimination in the I-9 Process

Although it may seem straightforward to request a new employee fill out the required Form I-9 to verify work eligibility, it actually requires a light touch. Employers must request enough information to comply with the...more

OSC Provides Guidance on Whether an Employer May Decline to Hire an F-1 Student

On April 30, 2014, the United States Office of Special Counsel (OSC) issued a Technical Assistance Letter (TAL) discussing whether an employer may decline to hire an F-1 student visa holder on Optional Practical Training...more

Is Your Business At Risk For Damages And Civil Money Penalties Based On Violations Stemming From Improper I-9 And E-Verify...

Executive Summary: The Office of Special Counsel for Immigration-Related Discrimination (OSC) within the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers who allegedly...more

Is Use of False SSN Dishonest?

Can you refuse to hire an authorized worker – even a U.S. citizen – because once upon a time he used a false Social Security number? In Guerrero v. California Department of Corrections & Rehabilitation, No. C 13-05671 WHA...more

Unrestricted Certificate of Sponsorship Allocation Renewals in the UK to Be Automated

The Home Office has introduced a new automated renewal of Tier 2 (General) and Tier 2 (Intra-Company Transfer) Certificate of Sponsorship annual allocations. All Tier 2 unrestricted Certificate of Sponsorship...more

ICE Will Agree to Reopen Removal Proceedings in Same-Sex Marriage Cases

Generally, a 90-day deadline applies to filing a Motion to Reopen Removal Proceedings after a respondent has been ordered removed. One of the exceptions to this rule allows for the filing of an untimely Motion to Reopen if it...more

Avenues to Asylum: Collaborations between Medical and Legal Professionals

On a personal basis, my experiences with attorneys have been confined to generally unpleasant but necessary conversations about money and real estate, all of which are memorialized in hourly fees. However, in my human rights...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

Latest Developments From The Connecticut General Assembly: The Labor and Public Employees Committee Speaks

Before the deadline for committee action, the General Assembly’s Labor and Public Employees Committee voted favorably on a plethora of bills and advanced them out of committee. Among the most noteworthy were: 1) a bill...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

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