The INS, Attorney General and President clarify non-discriminatory intent of law
Article Abstract:
The Immigration Reform and Control Act of 1986 (IRCA) requires documentation of citizenship by those seeking employment. Employers must maintain supporting records for up to three years. Anyone employing more than three people cannot discriminate based on national origin or citizenship, but IRCA does allow preference for citizens over legal aliens. Persons filing discrimination charges under IRCA will be required to show "discriminatory intent" rather than "disparate impact" (a standard used under Title VII of the 1964 Civil Rights Act). If an Administrative Law Judge or Special Counsel finds, however, that an employer does discriminate, possible remedies include direct hiring of plaintiffs, back pay, lawyer's fees reimbursement, and civil fines for violators. However, employers who uniformly require citizenship documentation for all job applicants greatly reduce the chances of litigation.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1987
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Termination of health benefits during strikes can violate CBAs
Article Abstract:
In the case of Viggiano v. Shenango China Division of Anchor Hocking Corp. the court ruled that the unilateral erasure of medical and hospitalization employee fringe benefits during a strike after the termination of a labor accord will create a disagreement subject to the grievance procedures of the collective bargaining agreement (CBA). In this particular case, the benefit plan at issue was listed in the CBA, though not in great detail. However, the CBA included a stipulation for maintenance and economic support for the plan, which is a standard labor contract clause.
Publication Name: Personnel Journal
Subject: Human resources and labor relations
ISSN: 0031-5745
Year: 1985
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