Discrimination Accusations by DOJ Rocket SpaceX to Spotlight…Yet again

SpaceX, Elon Musk’s venture that designs, manufactures, and launches rockets and spacecraft, faces a lawsuit filed by the Department of Justice alleging discriminatory hiring practices against refugees and asylees.  The complaint alleges SpaceX, under the guise of export laws and regulations including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), used discriminatory hiring practices in...
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Policy Requiring Permanent Work Authorization Does Not Discriminate Against Aliens

Clifford Geiger
Clifford Geiger
07/21/2023
The U.S. Court of Appeals for the Fourth Circuit recently ruled against a student who sued ExxonMobil for discrimination when the company rescinded an internship offer.  The case is Aldo De Leon Resendiz v. Exxon Mobil Corporation, No. 21-2211 (4th Cir. 2023). Aldo De Leon entered the United States illegally when he was 8 years old. He received deferred deportation and eligibility for temporary work authorization under the Deferred Action for...
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The NLRB Reiterates The Importance of Immigrant Worker Rights

Kollman & Saucier
Kollman & Saucier
06/22/2022
In its continued aggressive efforts to expand legal protections for workers and unions, the National Labor Relations Board (NLRB) General Counsel’s office recently issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA).  Memorandum OM 22-09, titled Ensuring Safe and Dignified Access for Immigrant Workers to NLRB Processes, reiterates NLRB policy on a worker’s right to use the NLRB...
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Starting May 1st, Employers Must Use Form I-9 Dated 10/21/2019 For New Hires

Kollman & Saucier
Kollman & Saucier
05/13/2020
The completion of a Form I-9 (Form) by an employer and their new hire is a requirement of the Immigration Reform and Control Act of 1986. It is used to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers and their new hires must complete the form. This includes citizen and noncitizen employees.  The Form is not filed with any government agency, but employers must retain a completed...
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SSA To Resume Sending “No-Match” Letters

Clifford Geiger
Clifford Geiger
09/20/2018
Beginning in 2019, the Social Security Administration (SSA) will resume sending “no-match” letters to employers when information submitted on tax forms does not match SSA records. Typically, the name and social security number reported by a worker on Form W-4 does not match the information in SSA databases.  The practice was ended by the Obama administration in 2012, the same year the Deferred Action for Childhood Arrivals (DACA) program was...
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Sexual Harassment Claim May Create Path To Visa For Undocumented Worker

Clifford Geiger
Clifford Geiger
07/05/2018
The U non-immigrant visa is for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.  Congress created the U non-immigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.  The legislation was...
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