July 01, 2021

Export Reg Confusion May Expose Employers to Bias Liability


Labor and employment partner Scott Wright, government and regulatory affairs counsel Mollie Sitkowski and labor and employment associate Sylvia Bokyung St. Clair authored an article for Law360 examining Department of Justice (DOJ) investigations focused on employers’ errors in hiring limitations under the International Traffic in Arms Regulations (ITAR).

The authors highlighted a recent settlement that came in the wake of ongoing DOJ investigations into violations of the Immigration and Nationality Act (INA) and a revitalized focus on companies that are also required to comply with the ITAR and, to a lesser extent, the Export Administration Regulations.

Further, the authors outlined the ITAR and the DOJ’s Immigrant and Employee Rights Section, which is responsible for enforcing the anti-discrimination provision of the INA (Section 1324b). They also discussed employers’ interpretations of the ITAR that may violate the INA.

In conclusion, the authors shared takeaways to ensure compliance with the INA and the ITAR. For example, they recommended informing candidates of the possibility of access to export-controlled data and the potential need to obtain a license for such access, as well as making offer letters contingent on the receipt of a license if one is required.

The full article is available for Law360 subscribers.

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