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What happened?
Law Resources Inc. and law firm, Arnold & Porter Key Scholer LLP, are being fined over $50,000 for screening out non-US citizens and US citizens with dual citizenship for employment and placement on a project at Arnold & Porter. They are also required to pay thousands in backpay to the affected workers.
The activities directly violate the Immigration and Nationality Act’s anti-discrimination provision, which dictates that an employer cannot pre-screen potential employees for citizenship status.
Why does this matter?
Both Arnold & Porter Key Scholer LLP and Law Resources, Inc. believed they were in compliance with the INA, but misunderstanding the law surrounding hiring and employment practices caused the companies to discriminate against work authorized individuals. Even as lawyers, the alleged violators were not protected from these DOJ-based discrimination charges.
Discrimination in the hiring process (I-9 process) is common. In our experience, inadvertent discrimination happens more than intended discrimination. Without proper training, we find employers often mistakenly require specific documentation or reverify documents that they shouldn’t. Like these companies, employers are caught off guard because they are trying to walk the line of compliance and employee rights, and are required to pay thousands in fines.
To access an anti-discrimination policy in hiring and training on how to avoid discrimination, you can visit us usImmigrationcompliance.com
Danielle Atchison
Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.