Sheppard Mullin Offers Tips on Avoiding Export Control HR Pitfalls
Hiring for positions that involve export controls requires a careful balancing act of adhering to export control and anti-discrimination laws, Sheppard Mullin said in a blog post. “Anti-discrimination laws prohibit unlawful citizenship status restrictions when hiring, and U.S. export controls…
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prohibit disclosing controlled information to foreign nationals without authorization,” lawyers at the firm said. Together, these laws “limit acceptable job descriptions and hiring practices.” The lawyers pointed to a recent Justice Department settlement (see 2007280016) with a law firm and a staffing company as demonstrative of the issues involved. Job postings that require export control authorization shouldn't restrict applicants to only U.S. citizens or other similar requirements, it said. A more cautious job posting would include something to the effect of “candidate has capacity to comply with the federally mandated requirements of U.S. export control laws,” it said.