As the country awaits confirmation of Judge Merrick Garland, President Joe Biden’s pick for attorney general to head the U.S. Department of Justice, employers in the U.S. should begin to consider what a Biden administration DOJ might mean for their workplace.
Biden has appointed a number of civil rights advocates to lead the country’s key enforcement agencies, and issued a plethora of executive orders and White House memoranda.
Here is the question employers have: What does this look like in terms of DOJ enforcement of anti-discrimination provisions in the workplace?
While it remains to be seen exactly how the Biden administration DOJ will enforce anti-discrimination provisions in the workplace, two areas of enforcement activity employers should keep an eye on are (1) the DOJ’s Immigrant and Employee Rights Section, or IER, enforcement of the antidiscrimination provisions of the Immigration and Nationality Act, or INA, and (2) the DOJ’s employment litigation section’s enforcement of provisions of Title VII of the Civil Rights Act.
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This article was originally published in Law360.