On behalf of Brick Business Law, P.A., February 20, 2025
New immigration executive orders (EOs) have created significant difficulties for employers. These EOs push for stricter immigration laws, more stringent scrutiny of work permits and more aggressive deportation efforts. Employers now face more risk of government audits and fines if they don’t follow these rules.
These EOs put employers in a tough spot. They must follow the EOs to avoid government trouble and penalties. However, they must also ensure their employment policies follow anti-discrimination laws, which ban actions based only on national origin or immigration status. This creates a legal dilemma where employers must balance federal immigration rules and anti-discrimination laws.
Review and update policies
First, review and update your employment policies to follow anti-discrimination laws. Ensure that your policies don’t depend solely on immigration status and that you apply them consistently to all workers.
Document all decisions
Document all your employment actions. Keep a thorough record of why you took each action, including performance reviews and any warnings given. These records can help you if you need to defend your actions in court.
Train staff to avoid discrimination
Teach HR staff and managers how to avoid discrimination and understand what the EOs mean legally. Ensure they know they must base their employment decisions on legitimate business reasons, not an employee’s national origin or immigration status.
Consult legal counsel
Regularly consult employment lawyers to stay updated on the latest laws and regulations. Lawyers can help you understand the complex EOs and ensure your work policies follow all rules.
Prepare for potential litigation
If someone sues you for discrimination, consider these steps:
- Gather your documents: Collect all necessary documents, including employment records, performance reviews, and correspondence related to the hiring or firing.
- Get a lawyer: Work with a good employment lawyer to plan your defense and understand your legal options.
- Explore mediation: Try mediation instead of going to court. It can resolve disputes faster and cost less while preserving business relationships.
These steps help you follow anti-discrimination laws and avoid problems with the new immigration executive orders.
If you have specific concerns, our law firm helps businesses navigate the clash between executive orders and employment law. Call us to discuss your needs.