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
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
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
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
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
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
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