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OSC Publishes TAL on Replacing U.S. Workers with Temporary Contract Workers

DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on whether an employer may, consistent with the anti-discrimination provision in INA §274B(a)(1)(B), terminate U.S. workers and rely on contract workers with temporary work visas to perform the work previously done by the terminated U.S. workers. The letter states, “Except in very narrow circumstances, an employer violates the anti-discrimination provision if it terminates workers or hires their replacements because of citizenship or immigration status.” The letter also lists several factors that may be considered in determining whether an employer has in fact violated the anti-discrimination provision in such cases.

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