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Friday News Flash - May 26, 2017

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important to your organization.

    1. For those tracking the presidential executive orders commonly referred to as the travel ban, there’s an update. On Thursday the U.S. Court of Appeals for the Fourth Circuit upheld the nationwide injunction on the administration's revised travel ban, ruling that presidential power to deny entry to the country is "not absolute." Trackers of these executive orders know that there are two cases in the federal courts challenging the orders, this one and one in the Ninth Circuit. The Ninth Circuit has not yet issued a ruling after oral arguments were held earlier this month. Attorney General Jeff Sessions stated that the administration will seek review by the Supreme Court of the Fourth Circuit Court’s ruling. To read more blurbs about the travel ban click here

    2. A discrimination charge has been filed by the Fortune Society against Macy’s, Inc. alleging that the retailer’s employment screening criminal background check policies and procedures violate federal law, specifically Title VII of the Civil Rights Act of 1964. The charge against Macy’s is on a class wide basis, alleges discrimination on the basis of race, color, sex and national origin, and covers applicants for employment at Macy’s, Bloomindale’s and Bluemercury. The allegation is that Macy’s practices resulted in otherwise qualified candidates being denied employment because of their criminal history which bore no relationship to their ability to perform the job (“job related and consistent with business necessity”). Click here to view the law firm’s website seeking class members. 

    3. This week DOJ reached a settlement agreement with a New Mexico onion farm resolving their investigation of complaints that U.S. citizens were discriminated against through the hiring of foreign workers. While the penalty may seem small at $44,000 in lost wages and a $5,000 civil penalty, this case brought by the Department of Justice (DOJ) into U.S. worker discrimination continues a theme for this administration – the protection of U.S. jobs and American workers. Employers should take note of DOJ’s Immigrant and Employee Rights Section (IER) and their commitment to enforcing the anti-discrimination provision of the Immigration and Nationality Act. This is the third settlement this month by IER against employers, click here to view announcements. 

    4. Two noteworthy articles published by SHRM (full disclosure, I am quoted in each) include one about employment background checks and consent, entitled FTC Advises HR to Keep Required Screening Forms Simple and the other is about compliance with the Form I-9 requirements, entitled Immigration Enforcement Efforts Expected to Increase.

    5. Have a great Memorial Day Weekend!

If you have any questions or need assistance on any point raised in this Compliance News Flash please contact:

 Montserrat Miller  

Montserrat C. Miller
Partner, DC Office



The information presented provides a general summary and/or recent legal and regulatory developments. It is not intended to be, and should not be relied upon as legal advice.
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