DOJ Issues Guidance on Avoiding Immigration-Related Discrimination When Complying With Export Control Laws

Highlights
Following a settlement with General Motors, the U.S. Department of Justice issued guidance to help employers avoid immigration-related discrimination when complying with U.S. export control laws and regulations
Employers cannot use U.S. export control laws as a reason to limit jobs to candidates with certain citizenships, immigration statuses or national origins
As a best practice, employers should not combine an export compliance assessment with the Form I-9 process
The U.S. Department of Justice (DOJ) recently issued new guidance to help employers avoid discrimination under the Immigration and Nationality Act (INA) when complying with U.S. export control laws. This guidance follows the DOJ’s settlement with General Motors (GM) to resolve the government’s determination that GM’s method of conducting export compliance assessments discriminated against non-U.S. citizens in violation of the INA.
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