Firms Should Watch Out for Hiring Discrimination When Complying With Export Controls, Law Firm Says
Following a recent DOJ settlement with General Motors, U.S. employers should make sure they’re not inadvertently considering export control compliance concerns in a way that discriminates against certain people during their hiring process, Barnes & Thornburg said in a May client alert. The firm said U.S. companies should “carefully review their written policies and procedures” to make sure they “adequately address compliance” with the Immigration and Nationality Act “when assessing whether employees require access to export-controlled information.” Human resource managers “should be particularly sensitive to these issues when hiring and onboarding new employees.”
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The firm’s alert came about a month after DOJ fined GM $365,000 for allegedly discriminating against non-U.S. citizens in an attempt to comply with U.S. export control laws (see 2304180078). Barnes & Thornburg warned that American businesses can’t use export control laws “as a reason to limit jobs to candidates with certain citizenships,” adding that they should “take note” of the settlement to avoid similar issues.
The firm specifically pointed to DOJ’s new fact sheet, which outlines best practices for avoiding INA violations. One best practice says companies can’t “limit jobs to U.S. citizens because the job involves accessing export-controlled items,” and another said companies should only conduct export compliance assessments “for those workers whose positions require working with export-controlled items.”