News & Analysis as of

Foreign Workers National Origin Discrimination

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Warner Norcross + Judd

Avoiding National Origin Discrimination: Key Considerations for Employers

In light of recent policy changes and heightened enforcement priorities from the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC), employers must be increasingly vigilant in ensuring...more

Whiteford

Employment Law Update: EEOC Announces Shift in Combatting Employment Discrimination

Whiteford on

The U.S. Equal Employment Opportunity Commission (EEOC) recently signaled a new focus on protecting American workers from unlawful national origin discrimination by employers who prefer non-American workers, such as “illegal...more

Ballard Spahr LLP

Trump EEOC Says “Anti-American Bias” Is New Focus of Discrimination Enforcement

Ballard Spahr LLP on

On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change...more

Seyfarth Shaw LLP

From Ally to Adversary: Employers Face New EEOC Scrutiny for Hiring Immigrants

Seyfarth Shaw LLP on

In a dramatic policy shift, the U.S. Equal Employment Opportunity Commission (“EEOC”) under Acting Chair Andrea Lucas announced, in a press release, a new focus on unlawful employment practices that favor non-American workers...more

Berkshire

EEOC Highlights Bias Protection, Announces $1.4 Million Settlement

Berkshire on

On February 19, 2025, Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas issued a statement re-affirming the agency’s commitment to protecting American workers from anti-American bias in employment. Upon...more

Robinson+Cole Manufacturing Law Blog

Tips for Interviewing Foreign Nationals

Recruiting the best talent is essential for many manufacturers’ ongoing success. Many times, the best talent is an individual who was born in another country and who needs sponsorship to work in the United States....more

Fisher Phillips

The Slippery Road Toward Immigration Reform Under President Biden: Beware of ICE!

Fisher Phillips on

President Biden has proposed sweeping changes to U.S. immigration law, contained in the pending U.S. Citizenship Act of 2021. This piece of proposed legislation, as introduced into Congress by the bill’s lead sponsors, Sen....more

Morgan Lewis

Biden Administration Issues Executive Orders, Proposes Sweeping Immigration Changes on Day 1

Morgan Lewis on

Following the inauguration of President Joe Biden and Vice President Kamala Harris, President Biden signed several executive orders related to immigration. And, as promised by the Biden transition team, the Biden...more

Cozen O'Connor

Is It Illegal To Consider A Foreign Accent When Evaluating Candidates For a Customer-Service Job?

Cozen O'Connor on

Yes, unless the candidate’s language skills would clearly interfere with their ability to do the job. Amidst all of the current controversy concerning immigration in the United States, the experience of immigrants in the...more

Dickinson Wright

Avoiding Claims of Citizenship and National Origin Discrimination When Interviewing, Hiring, and Onboarding Foreign Workers

Dickinson Wright on

It is illegal to discriminate on the basis of citizenship or national origin in recruiting, hiring, onboarding, or employing workers. Title VII of the Civil Rights Act of 1964 (“Title VII”) as well as the Immigration Reform...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

Fisher Phillips on

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Holland & Knight LLP

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

Franczek P.C.

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

Franczek P.C. on

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more

Seyfarth Shaw LLP

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

Seyfarth Shaw LLP on

In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

Snell & Wilmer

New Compliance Concerns for Employers of Foreign Workers

Snell & Wilmer on

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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