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Foreign Nationals and the Unfair Employment Practices Claims
Today, a great number of U.S. companies will hire foreign national workers, scrupulously check work authorization, and maintain heightened awareness about the potential for race/nationality claims. Gone are the days when only a limited number of multinational corporations had to deal with foreign labor issues. Far from being a remote consideration for organizations, complying with the nation's immigration laws and avoiding liabilty are of growing concern.
With increasing numbers of foreign-born skilled, professional and highly talented workers migrating to America, U.S. employers are seeking to benefit from this prime source of human capital. According to the Migration Policy Institute (MPI), in January 2006, there were approximately 29.1 million foreign-born individuals living in the U.S. who entered the country between 1980 and 2005. Many employers sponsor these foreign-born individuals for temporary or permanent visas to permit them to work here legally.
Nevertheless, the number of undocumented persons ' and, by extension, unauthorized workers ' in this country is climbing. MPI puts the number of U.S. illegal aliens in 2006 at approximately 11.6 million, increasing by about 515,000 people per year. Fueled by the certainty that the undocumented population is lured to the U.S. by jobs, the Department of Homeland Security (DHS) has in turn increased its crackdown on employers who know, or even should have known, that certain employees were unauthorized to work.
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