Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

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In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations Board (NLRB). The MOU creates a collaborative relationship for the two agencies to share information, refer matters to each other and coordinate investigations. OSC is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act which, among other things, prohibits citizenship status and national origin discrimination in hiring and firing as well as discriminatory Form I-9 and E-Verify practices. The MOU allows the NLRB to make referrals to OSC, with the express authority of the NLRB charging party, when a matter before the NLRB suggests a possible violation of the anti-discrimination provision, such as verification of employment authorization in the I-9 or E-Verify process, that appears to be discriminatory based on citizenship status or national origin. Similarly, OSC will refer matters to the NLRB that appear to fall within that agency’s authority, such as infringement on the right to form, join, decertify or assist a labor organization, and to bargain collectively through representatives of their own choosing or to refrain from such activities.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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