The Civil Rights Division (CRD) of the United States Department of Justice recently issued guidance to help employers avoid citizenship status and national origin discrimination when posting online job opportunities. Within the CRD, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision of the Immigration and Nationality Act § 274B, 8 U.S.C. § 1324b. The statute prohibits citizenship or immigration status discrimination with respect to hiring, firing, and recruitment by employers with four or more employees. U.S. citizens and nationals, permanent residents (Green Card holders), asylees and refugees are protected from citizenship status discrimination.
Recommended Reading
New Jersey Bill Seeks to Significantly Restrict the Use and Enforceability of Non-Compete Agreements
On November 9, 2017, the New Jersey Senate introduced Senate Bill 3518, which would drastically limit an employer’s ability to enter into, and subsequently enforce, restrictive covenants (or “non-compete” agreements) with employees. The bill would also impose certain notice and monetary obligations on employers that seek to enforce restrictive covenants against their former employees.
Bill Proposes Protections for Employee Inventions
A bill (A2493) introduced in the Assembly on March 11 seeks to protect employee rights to ownership and usage of employee inventions developed entirely on an employee’s own time and without using the employer’s resources. The bill would invalidate provisions in employment contracts entered into after the effective date of the Act that require the
Travel Promotion Act Will Add Visa Waiver Fee
On March 4, President Obama signed the Travel Promotion Act (TPA) into law. The TPA seeks to attract more international travelers to the United States. The Act will affect the Visa Waiver Program (VWP) as TPA initiatives will be funded in part by a $10 fee collected on VWP travelers. The $10 fee will be collected when VWP travelers complete the required Electronic System for Travel Authorization registration.