Immigrant Status Discrimination

We have written before about the EEOC’s announced intent, as per its Strategic Enforcement Plan (“SEP”), to protect “vulnerable” workers.  We said on June 5, 2014: “‘The most vulnerable workers’ — this is a part of the EEOC’s strategic plan for enforcement.  Protecting them, that is, as we noted before – think farm workers,

Sounding like our old friends at the EEOC,  the New York Attorney General just announced a settlement with  five New York City employment agencies relating to, among other things, allegations that the agencies “targeted Spanish-speaking job seekers, unlawfully steered them away from certain jobs and unlawfully referred them to jobs paying as little as $3.75

The EEOC just announced the commencement of a new national origin lawsuit against a Green Bay manufacturer for allegedly firing Hmong and Hispanic employees “based on 10-minute observations that marked them down for their English skills, even though those skills were not needed to perform their jobs.  All of those fired had received satisfactory ratings

It was a little disturbing and confusing to us that the EEOC jumped the gun in announcing a settlement in the Hawaiian farm labor case and was dealt a blow by the Court, which denied the EEOC’s consent decrees — at least for now.

Charles A. Krugel, a Chicago employment attorney who established and

We just posted an Alert! that the EEOC’s big press release (and wide press coverage) stating that is had settled the case of the Hawaiian farm workers was a tad premature — the consent decree was denied by the Court because the EEOC failed to follow proper procedure.   And the Court even threatened sanctions!

“The most vulnerable workers” — this is a part of the EEOC’s strategic plan for enforcement.  Protecting them, that is, as we noted before — think farm workers, migrant workers, workers in isolated areas, and mentally-challenged Henry’s Turkey workers.  (It also appears to be on the radar elswehere, as our similar recent blog about

For quite awhile we have reported about the EEOC’s targets as set forth in its Strategic Enforcement Plan (“SEP), and noted that “vulnerable worker” abuse and religious discrimination were in the cross-hairs.  Two new settlements emphasize this.

18936794_sThe EEOC has reported that it has settled a religious discrimination case for $100,000 filed against an

The EEOC conducted a public meeting yesterday on national origin employment discrimination.  Noting the diversity in the US workplace (including language diversity), and the increase of immigrants in the workforce, the panelists discussed “various recruitment and hiring issues; discriminatory treatment in assignments; pay discrimination; language and accent issues; effective communication and access issues; harassment; and

This guest post is authored by Alka Bahal.  Alka is a Partner and Co-Chair of Fox’s Corporate Immigration Practice and contributes to Fox’s Immigration View blog.  She can be reached at abahal@foxrothschild.com or 973.994.7800.


As you have probably already heard, on Wednesday, June 26, 2013 the Supreme Court ruled that the Defense of Marriage

Joining the EEOC’s Denver and Detroit Field Offices (see our blog of December 3, 2012), the New Orleans Field Office has just announced that it has entered into a Memorandum of Understanding ("MOU") with the Consulate of Mexico to assist Mexican workers in the US in the area of employment discrimination.

These “MOU’s” will establish