Articles

John Burke, Sabrina Shadi Examine Issues Surrounding Deemed Export Rule and Anti-Discrimination Policies

Articles / May 9, 2016

Partners John Burke and Sabrina Shadi authored an article published May 4, 2016, by Law 360. The article, “The Deemed Export Rule and Employment Nondiscrimination,” examines recent guidance issued by the Justice Department Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) regarding the deemed export rule and anti-discrimination policies. Burke and Shadi note that the OSC guidance confirms that an employer that implements a document verification process to determine only a new employee’s immigration or citizenship status to comply with export control laws can avoid violating anti-discrimination provisions if the document verification process is separate and distinct from the employment eligibility process. They advise that “if feasible, employers should make different personnel or even separate departments responsible for handling each of the distinct processes.”

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