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NATIONAL LABOR RELATIONS BOARD ISSUES MEMORANDUM ON REMEDIES FOR UNDOCUMENTED ALIENS
The General Counsel of the National Labor Relations Board (NLRB) has issued a memorandum dealing with reinstatement and back pay remedies for undocumented aliens who have been the victim of employment discrimination.
Among the conclusions reached, in light of recent decisions of the NLRB and the courts, is a finding that the employment authorization of the worker is deemed irrelevant to the employer's exposure to liability under the National Labor Relations Act. Whether the worker is properly authorized is relevant only if the employer can demonstrate a reasonable basis for believing, independently of the NLRB compliance proceeding, that the individual facing discrimination cannot lawfully work in the US.
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