Civil Rights Immigration

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Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the...more

Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims

U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The Department of Justice’s Office of Special Counsel for Immigration Related...more

Fifth Circuit Green Lights Discovery Over Immigration Status In EEOC Litigation

Seyfarth Synopsis: Hispanic employees of a poultry processing plant alleged harassment and abuse on the job. The company claimed that the employees’ allegations were fabricated in order to obtain U visas, which are available...more

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

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

Notable Immigration-Related Hiring Discrimination Claims Settled this Summer with Department of Justice and Heads Up! A New Form...

In the past three months, there have been four settlements with three staffing agencies and one private company reported by the Department of Justice. The three settlements with staffing agencies resolved allegations that...more

I Can’t Ask That? - Taking a Closer Look at Citizenship and National Origin Discrimination

When seeking a qualified candidate for an open position, Human Resources professionals are aware that it is generally impermissible to inquire about or consider an applicant’s race, sex, religion, or disability during the...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

EEOC Renews Collaborative Agreements With Mexican Consulates in Pacific Northwest

Offices Agree to Work Together to Fight Discrimination - SEATTLE - The U.S. Equal Employment Opportunity Commission (EEOC) entered into a memorandum of understanding (MOU) today with the Consulate of Mexico in Seattle....more

EEOC's Milwaukee Area Office and Mexican Consulate Sign Historic Cooperation Agreement

Offices Agree to Work Together to Fight Discrimination - MILWAUKEE - The Milwaukee Area Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a memorandum of understanding (MOU) in Milwaukee this...more

Arizona Sheriff’s Criminal Contempt Charge Reinforces Importance of Compliance with Civil Orders

President Andrew Jackson is reported (likely inaccurately) to have flaunted a Supreme Court decision by retorting, “John Marshall has made his decision; now let him enforce it!” Any litigant who has been on the receiving end...more

President Trump? President Clinton? A Workplace Law Preview

Either Republican Donald Trump or Democrat Hillary Clinton will almost certainly be inaugurated as our nation’s 45th president on January 20, 2017. In the four years (or more) that follow, one of these two candidates will be...more

2016 California Labor and Employment Legislation Update: The End (of Session) Is Near…

The California Legislature adjourned in the wee hours yesterday, Wednesday, August 31st, having reviewed over 100 bills in the single day, bringing the second half of the 2015-2016 Legislative Session to a close. Several...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

How to Avoid Discrimination in Hiring, While Complying with Export Laws

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain...more

DOJ Proposes Expanding Reach of INA's Anti-Discrimination Provisions

Employers already know that Title VII prohibits discrimination on the basis of national origin and citizenship status. However, they may not be aware that the federal Immigration and Nationality Act also contains...more

Seventh Circuit Says No Asylum for Bisexual Man; Posner Dissents

Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he...more

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

California Legislative Update: Heading Into The 2016 Session's Final Month

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

Immigration Penalties Adjusted for Inflation Increases to Take Effect August 1

On June 30 and July 1, 2016, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the U.S. Department of Labor (DOL) each published separate interim final rules in the Federal Register to...more

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

Employers Beware: DOJ Nearly Doubles Civil Penalties for IRCA Violations

On June 30th The Department of Justice (DOJ) published an Interim Final Rule adjusting civil monetary penalties for immigration related employment violations set forth in the Immigration Reform and Control Act of 1986 (IRCA)....more

A Review of the Supreme Court’s 2015 - 2016 Term

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Gazing into a crystal ball: Brexit, employment and immigration

Much has been said about Brexit – the number of articles and reports published in the last few weeks has been overwhelming. Some filled with predictions of doom and gloom; others more optimistic. But that's just what they are...more

EEOC Releases Draft Guidance Regarding National Origin Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a draft of its new proposed enforcement guidance regarding national origin discrimination under Title VII – the first guidance it has issued on...more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

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