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BT Currents - Hot Topics in Employment Law

10 Jul What Does the Supreme Court’s Ruling Mean to Indiana Employers?

While the Supreme Court held that several provisions of AZ’s immigration law were preempted by federal law in the landmark decision of Arizona v. United States, employers should not be misled into believing that all state law immigration laws have been invalidated. The provisions of the law which were struck down were those of a criminal nature (i.e., making it a misdemeanor for unauthorized aliens to apply for work, to fail to carry valid immigration documents as well as a provision for warrantless arrests of…

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29 Jun Don’t Screen Out State Laws When Hiring

A recent decision from the Northern District of Illinois serves as a reminder to employers to consider both federal and state laws regarding pre-employment screening when making hiring decisions. In Stratton v. Merrill Lynch, 2012 U.S. Dist. LEXIS 60426, 2012 WL 1533456 (N.D. Ill. Apr. 25, 2012), the court determined that the Federal Deposit Insurance Act (FDIA) did not preempt the Illinois Human Rights Act, 775 ILCS 5/2-103, which prohibits employers from using the fact of an arrest as a basis for taking an adverse…

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27 Jun U.S. Supreme Court Strikes Down Employment Provision in Arizona Immigration Law

The Supreme Court has ruled in Arizona v. United States, Dkt No. 11-182 that Arizona’s S.B. 1070, enacted in 2010 in reaction to increasing undocumented immigration into the State, is largely preempted by federal law. The decision, issued by Justice Kennedy, considered four provisions of the 2010 Arizona law and struck down three, including Section 5(C), which made it a state criminal misdemeanor for undocumented immigrants to apply for employment or work in the state. The Court held that the federal Immigration Reform and Control Act (IRCA)…

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