OSC Opines on ITAR Screening in Mar. 31, 2016 TAL

OSC, Mar. 31, 2016 - "This is in response to your letter of February 10, 2016, to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC” or “Office”). In your letter, you seek guidance on an employer’s obligations to comply with the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, when verifying employees’ citizenship status under U.S. export control laws, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Specifically, you ask whether an employer or contractor may require employees to present documents establishing their citizenship or immigration status to ensure the employer’s compliance with U.S. export control regulations. You also seek this Office’s views on whether it is permissible for employers, including staffing agencies, to ask job applicants or newly-hired employees the following questions: ..."