Discrimination in an Immigration Law Compliance Context

Credits in

General Icons 1.00 General

Practice Areas:

Immigration

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Compliance with immigration law is a duty of all U.S. employers through Form I-9, and many employers accept additional immigration responsibilities through hiring and employment of foreign nationals.

Avoiding discrimination suits while meeting these obligations can be challenging. Discrimination suits can be viable, even with no intent to discriminate. The intent is not required when a policy or practice has a disparate impact on protected classes of workers. Immigration compliance invites such suits if a company doesn’t employ deliberate process safeguards.

This is a brief overview of the Title VII legal framework and other laws that have a bearing on this subject, including disparate treatment and impact and retaliation claims. We will provide some best practices for employers to avoid discrimination claims in an immigration compliance context and some uniform policies and practices to avoid civil lawsuits.

About the Presenters

David Berlin, Esq.

Weisberg Law Offices

Practice Area: Employment Law (+ 1 other areas)

David Berlin is a Penn State Dickinson School of Law graduate and a Weisberg Law litigator and advocate with a focus on employment discrimination, contract disputes, appellate work, and arbitration. He is a civil rights advocate who has done considerable work in police abuse cases and social justice matters in state and federal courts.

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David Spaulding, Esq.

Green & Spiegel

Practice Area: Immigration

David Spaulding is the Green and Spiegel Compliance and Regulatory Counsel and general immigration law practitioner with a focus on corporate compliance, audits, investigations, and assessing enterprise value. He has twenty-three years of enforcement and management experience under his belt.   

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