Hiring Foreign Workers: Developments in Immigration and Discrimination Laws

Posthuma, Richard A.; Dworkin, James B.; Monteiro, Mariana
January 2001
Journal of Employment Discrimination Law;Winter2001, Vol. 3 Issue 1, p49
Academic Journal
This article provides a brief overview of the U.S. immigration law and highlights some of the changes that will affect U.S. employers of immigrant workers. Because of the complexities of compliance with immigration provisions, many employers are tempted to avoid hiring foreign workers altogether. The Equal Employment Opportunity Commission (EEOC) is concerned that some employers may attempt to do this by establishing English Language Only rules in their workplaces. However, the EEOC has prevailed against two summary judgment motions which challenged the ban of the EEOC on English-only rules. In both of these cases, Hispanic employees were discharged for violating an employer's English-only rule. Many U.S. employers are actively recruiting foreign nationals to fill vacancies in their current workforce. The administrative burden of compliance with immigration laws makes it more difficult to hire foreign workers. Employers generally may not avoid hiring all non-citizens to avoid this burden. Nevertheless, with careful foresight and planning, U.S. employers can become adequately informed about both immigration and discrimination laws. Employers can and do successfully comply with both sets of legal requirements.


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