News & Analysis as of September 21, 2024

Discrimination › Immigration Reform and Control Act (IRCA)

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

PERM Lessons From Facebook Settlements With The Department Of Labor and Department Of Justice

Tarter Krinsky & Drogin LLP on 11/5/2021

On October 19, 2021, the Department of Labor (DOL) and Department of Justice (DOJ) settled with Facebook over its alleged discrimination against U.S. workers relating to the manner it conducted recruitment under the permanent...more

EEOC Issues New Guidelines on National Origin Discrimination

Holland & Knight LLP on 12/2/2016

The Equal Employment Opportunity Commission (EEOC) revised on Nov. 21, 2016, its enforcement guidance with respect to national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC and...more

Employment Law 101: National Origin, Citizenship & Immigration Status Discrimination

Gray Reed on 2/18/2016

Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which...more

IRCA Does Not Preempt FEHA, But Limits Available Remedies

Fenwick & West LLP on 7/28/2014

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

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

Fisher Phillips on 7/3/2014

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

DACA Program Raises Questions For Employers In The I-9 Process

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Companies must balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA)...more

New Compliance Concerns for Employers of Foreign Workers

Snell & Wilmer on 12/31/2012

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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