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Generally, employers face a difficult balancing act when attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. Continue reading “OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process”
On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance. The TAL primarily serves to provide guidance on how to address the instance where an employee admitted after the fact that the documents presented during the Form I-9 process were not genuine and whether the employer would face any liability for discrimination if it chose to terminate the employee. Continue reading “What Happens When An Employee Admits I-9 Documents Were Fraudulent”