Shirley Tenticles, KND Health and Beauty Columnist
🇺🇸So if you have a job or know someone who does (perhaps you are an adventuring employer), you should familiarize yourself with the people snatchers….
Labor practitioners need to know about the connection between immigration status (and how it relates to national origin and ethnicity) and discrimination law. Similarly, plaintiff’s lawyers need to be well-versed in the differences between discrimination based on citizenship status and discrimination based on national origin. Management lawyers and in-house counsel need to be aware of how best to counsel their clients regarding these developments, as well as how to defend against any claims that may arise. Of equal importance, counsel must be cognizant of how the government is enforcing these laws, and how the EEOC works with the Office of Special Counsel in prosecutions.
Finally, as more and more states start creating and enforcing their own immigration laws, labor and employment counsel must understand the interplay between state and federal enforcement as well as the intricacies of employing foreign nationals in multiple jurisdictions.
Whether faced with a challenging E-Verify dilemma, an investigation by the Department of Labor’s Wage and Hour Division or an action brought through the Office of Special Counsel, the Immigration Law and Human Trafficking Committee prides itself on preparing the Section’s members. The purpose of the Committee with respect to immigration law is to educate labor and employment lawyers on how to spot immigration-related issues, access the appropriate resources and best advise their clients. In addition, the Committee hopes to direct advocates to resources that can be helpful to workers who have immigration concerns or need specific guidance about their visa status.
Human Trafficking is a modern day form of slavery. Our Section began focusing on human trafficking issues in 2013, examining issues related to the national and global problem of trafficking for labor exploitation (including forced labor, debt bondage and involuntary servitude), which affects more than 20 million people each year. People seeking fair work opportunities across the globe often find themselves subjected to abusive, even slavery-like conditions, which violate criminal, labor and immigration laws as well as international conventions and treaties. In 2003, the Trafficking Victims Protection Act was amended to give victims of human trafficking a private right of action to sue their traffickers. The Section encourages its members to provide pro bono assistance to trafficking victims. On our resource page you will find links to some of the important pro bono organizations who can help coordinate such pro bono work.
This global issue of trafficking for labor exploitation makes it critical for corporations to understand and responsibly manage their supply chains. In-house counsel, compliance officers and outside business counsels must be knowledgeable and able to advise corporate clients on the responsibilities now required related to efforts eradicating human trafficking and slavery in their supply chains. Recent statutes such as the California Transparency in Supply Chains Act of 2010 in the U.S. and the United Kingdom Modern Slavery Act 2015 now hold companies accountable by requiring certain companies to make a public declaration of what, if any, steps they are taking to combat modern slavery. Increasingly other U.S. federal regulations and global initiatives are including provisions requiring corporations to address the issue of forced labor. Consequently, practitioners supporting corporate clients must be able to help these corporations in achieving transparency in their supply chains by identifying risk of forced labor, developing preventive measure, providing training to employees and suppliers and drafting appropriate contract provisions. The Immigration and Human Trafficking Committee will continue to provide education and resources on this constantly evolving issue.
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