Accidentally Misleading Employers With The 'Facts'

Law360, New York (February 21, 2012, 1:32 PM EST) -- The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the U.S. Department of Justice (DOJ) recently published a three-page "Fact Pattern Flyer" listing examples of immigration status and national origin discrimination in employment.

In viewing the set of employer actions purely from the point of view of discrimination, the OSC accidentally gives the false impression that certain actions are appropriate if all workers are treated the same, and employers should be counseled not to take that implication.

Misleading Examples

For instance, the list includes when an employer "rejects valid work authorization documents from non-U.S. citizens but accepts the...

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