Avram Morell, a partner in Pryor Cashman’s Immigration Group and Vice Chair of the American Immigration Lawyers Association’s (“AILA”) National Verification and Worksite Enforcement Liaison Committee, edited and co-authored a Comment on the Department of Justice’s (“DOJ”) recently-proposed regulation on unfair immigration-related employment practices.

Under the proposal, the DOJ would – among other things – revise the definition of “intent to discriminate” to mean the act of intentionally treating an individual differently, regardless of whether it is motivated by animus or hostility.

Additionally, the proposed regulation would extend the timeframe the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) has to file a complaint following an investigation. The DOJ has proposed increasing the current 180 day-period to allow five years to file a claim, an expansion which has raised concern among many business and immigration organizations.

In the AILA Comment, Morell and his co-authors demonstrated how the expanded definition of “intent to discriminate” runs contrary to the traditional definition of this term and relevant court precedent. The Comment also voiced apprehension that the proposal would put employers in the untenable position of “having to potentially wait years to know whether a claim will be pursued,” making it difficult to execute business planning and maintain adequate financial resources to handle litigation. 

For further details of the DOJ’s proposal and the various comments submitted in response, please see Law360. 

More About Morell's Practice

Recognized as a premier immigration attorney by Chambers USA, The Legal 500 and many other industry rankings, Morell represents U.S. and foreign-based companies and organizations, entrepreneurs and investors doing business in the U.S., as well as their employees and family members.

He is widely known in the corporate world for his ability to navigate particularly complex business immigration issues, advising boards of directors and top management regarding the far-reaching immigration implications of workforce changes that often accompany mergers, acquisitions, spinoffs, international expansions and changes in corporate leadership.

To learn more about Morell's work, please visit here.