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Hiring & Firing › Discrimination › Department of Justice (DOJ)

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Alston & Bird

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

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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

Alston & Bird

Is the DOJ’s “Pattern or Practice” of Extracting Settlements from Companies Not Hiring Immigrants Valid?

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Our Immigration Team explores the legal foundation of how the Department of Justice has convinced companies to settle suits brought under the unfair immigration-related employment practices statute....more

Sheppard Mullin Richter & Hampton LLP

Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination

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When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

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The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Parker Poe Adams & Bernstein LLP

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

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Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Arnall Golden Gregory LLP

Compliance News Flash

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This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. For those tracking the presidential executive orders commonly referred to as...more

Baker Donelson

New Rule On Unfair Immigration-Related Employment Practices Effective January 18, 2017

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On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ’s regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to to unfair immigration...more

Franczek P.C.

Department of Education Releases New Guidance on SROs, Police in Schools

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The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

McGuireWoods LLP

Increased Fines on the Horizon for Immigration Law Violations

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The Department of Justice has raised the bar on penalties for violations of federal immigration law. On June 30, 2016, DOJ issued an interim final rule that goes into effect on August 1, 2016. This rule, implemented as an...more

BakerHostetler

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

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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

Foley & Lardner LLP

DHS Proposes Changes to E-Verify Program: I-9 Reverifications and FNC Formal Reviews

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As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

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

Retailers Should Review I-9 Processes in Light of Recent DOJ Settlement

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Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more

Shumaker, Loop & Kendrick, LLP

What Happens When An Employee Admits I-9 Documents Were Fraudulent

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On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for...more

Epstein Becker & Green

Immigration Alert: September 2014

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Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

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

The Employment Law Authority - July/August 2014

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In this Issue: - Immigration. DOJ settles immigration-related discrimination claim - State Round-Up. Learn about the latest employment law news in your state - Traditional Labor. Eric Stuart discusses two recent ...more

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

Discrimination Enforcement: Justice Department Settles Immigration-Related Discrimination Claim

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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

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

Justice Department Settles Immigration-Related Discrimination Claim

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

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

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

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

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

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

Laner Muchin, Ltd.

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...more

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