From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
If you’re one of likely hundreds of thousands of employers seeking high-skill temporary visas during the first week of April, you’d better make sure you’re not discriminating against U.S. workers.
The Justice Department April 3 warned that employers will break the law if they favor H-1B workers over U.S. workers. The Immigration and Nationality Act bans discrimination against U.S. workers because of their citizenship or national origin when making hiring, firing and recruiting decisions.
April 3 is the first day employers can submit their H-1B visa petitions for fiscal year 2018, which starts Oct. 1. For the past several years, demand has far exceeded the supply of 85,000 visas.
But the DOJ’s warning comes amid stories that a handful of prominent employers—including Southern California Edison, Walt Disney World and the University of California—laid off their information technology workers and replaced them with H-1B workers.
As a result, the visa program has garnered additional scrutiny from several members of Congress and President Donald Trump.
The DOJ already indicated that, in certain circumstances, replacing U.S. workers with workers on H-1B visas could violate the INA’s anti-discrimination provision. And two former Disney employees have filed a lawsuit claiming that the company violated Title VII of the 1964 Civil Rights Act by discriminating against them on the bases of national origin and race.
Actually proving discrimination may be a tough nut to crack.
The cases involving displacement of U.S. workers generally involve outsourcing—the employees aren’t directly replaced by their employer, but rather their jobs are outsourced to another company, which uses the H-1B program. That makes for a challenge in proving discrimination under either the INA or Title VII.
Still, the DOJ’s message indicates that the agency will be keeping a close eye on employers that use the H-1B program.
“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division said in a statement. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.”
To contact the reporter on this story: Laura D. Francis in Washington at firstname.lastname@example.org
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)