CFGI mentioned – “Make Sure Your Contractors Aren’t Discriminating Against Workers”

6/28/2016
SHRM

“Employer​​​s that outsource jobs to a third party that relies on foreign workers must make sure the contractor is not engaging in citizenship discrimination, a federal official said.

Jennifer S​​ultan, special policy counsel in the Department of Justice’s Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices, confirmed that nondiscrimination violations can be found when employers displace U.S. workers with foreign labor, even if that occurs through use of a third-party…

“…Sultan e​xplained her agency’s position to attendees of the Council for Global Immigration’s 2016 Symposium on June 21 in Washington, D.C.

“According​ to Sultan, employers that rely on outsourcing firms and firms engaged in outsourcing are both increasingly at risk when it comes to discrimination claims.

“…She said her ​​office wants to make clear that ‘just because you as an employer farm hiring out to a third-party vendor, you can still be liable for intentional discrimination on the basis of citizenship and immigration status.’

“…[A]n em​ployer risks violating the antidiscrimination provision of the Immigration and Nationality Act if citizenship and immigration status are factors in an outsourcing decision.

“Significantly, ​no pattern or practice outsourcing complaint has ever ended in a judgment against the employer, principally because of the difficulty of proving intentional discrimination based solely on citizenship status in outsourcing decisions. 

“…[A]n employer c​​an still be liable for discrimination violations even if it contracts with an outside agency…If an employer is deemed to be a joint employer with the firm it hires to perform the outsourced work, a court could determine that disparate impact exists if the job functions of the displaced workers end up being disproportionately performed by foreign workers at the outsourcing firm.”

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