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Employers Targeted for Visa Abuse, Labor Discrimination
Washington D.C. – In a major crackdown, the federal government has formalized a partnership with the Department of Labor to protect U.S. workers from discrimination by employers that prefer to hire temporary visa workers over qualified U.S. workers.
Under the Memorandum of Understanding (MOU), the Civil Rights Division and the Department of Labor will share information, refer matters between them, and train each other’s employees to better protect U.S. workers. The partnership aims to enhance the Civil Rights Division’s efforts to stop companies from discriminating against U.S. workers and assist the Department of Labor’s Employment and Training Administration in identifying noncompliance with its foreign labor certification process.
This new partnership expands on the existing relationship between the Civil Rights Division and the Department of Labor, which was launched in 2017. Since then, employers have agreed to pay or distributed over $285,000 in back pay to affected U.S. workers.
The Civil Rights Division has also increased its collaboration with other federal agencies, including the Departments of State and Homeland Security, to combat discrimination and abuse by employers improperly using temporary visa workers.
‘Employers should hire workers based on their skills, experience, and authorization to work; not based on discriminatory preferences that violate the law,’ said Acting Assistant Attorney General John Gore of the Civil Rights Division.
‘Streamlining the process for information sharing between the Department of Labor and the Department of Justice will help protect U.S. workers from unlawful discrimination,’ said Rosemary Lahasky, Deputy Assistant Secretary for DOL’s Employment and Training Administration.
The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has statutory and regulatory authority to certify employers seeking certain employment-based visas, including H-2A and H-2B visas. These visa programs require employers to first seek and hire available U.S. workers before hiring visa workers.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act, which prohibits citizenship status and national origin discrimination, unfair documentary practices, retaliation, and intimidation.
Key Facts
- State: Federal
- Category: Labor Abuse|Immigration Law
- Source: DOJ Press Release â†â€â€
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