Employers Beware: Citizenship Status Discrimination Claims

Law360, New York (October 27, 2016, 4:31 PM EDT) -- U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The U.S. Department of Justice's Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) has recently reported cases in which fines were assessed against employers due to the use of "citizens only" standards in the recruitment process, when an appropriate legal exception did not apply. The use of citizenship or immigration status limitations in the job recruitment process is only allowed in certain limited situations discussed below. Otherwise, it may result in discrimination prohibited under the Immigration and Nationality Act (INA)....

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