U.S. employers that are not authorized by law, regulation or government contract to limit job opportunities to U.S. citizens should carefully review their recruitment practices and advertisement templates to ensure that the above prohibited language or limitations are not present. The Department of Justice’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) has recently reported a number of 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.
Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims
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