The U.S. Department of Justice (DOJ) recently issued new guidance to help employers avoid discrimination under the Immigration and Nationality Act (INA) when complying with U.S. export control laws. This guidance follows the DOJ’s settlement with General Motors (GM) to resolve the government’s determination that GM’s method of conducting export compliance assessments discriminated against non-U.S. citizens in violation of the INA.
When conducting an export compliance assessment for employment purposes, U.S. employers should carefully review the DOJ’s guidance and take note of the GM settlement to avoid unlawful discrimination under the INA.