Yova A. Borovska Offers Insight on OSC’s Proposed Rule on Unlawful Hiring Discrimination

Yova A. Borovska, associate in Buchanan’s immigration section, was quoted in a Society for Human Resource Management article titled, "Justice Department Regulation Will Intensify Enforcement." The Department of Justice Office of Special Counsel (OSC) proposed a new rule that the agency hopes will decrease unlawful hiring discrimination against immigrants. The rule’s proposed change of terminology from "documentation abuses" to "unfair documentary practices" is of most significance as it allows the DOJ to take action against employers.

"While intent to harm isn't required for there to be an unfair documentary practice, there still must be intent to treat someone differently, regardless of whether the treatment was to harm or help, noted Yova Borovska, an attorney with Buchanan, Ingersoll & Rooney in Tampa, Fla. Borovska said that unlawful discrimination occurs when an employer intentionally treats a worker or potential hire differently because of that person's national origin or citizenship status.

"Unfortunately, erring on the safe side and asking for more documents than necessary could potentially result in unfair documentary practices," Borovska cautioned.