Guidelines For Employers Requiring U.S. Degree From Applicants

OSC provides general guidelines to employers requiring U.S. degree from applicants to be selected for employment.

"In Dalila Kamal-Griffin v, Cahill Gordon & Reindel, 3 OCAHO no, 568, 1641 (1993), an Administrative Law Judge held that a law firm did not discriminate on the basis of citizenship status in violation of the INA's anti-discrimination provision simply by requiring applicants for associate positions to have their primary legal education in a common law legal system, The Judge also mentioned that "the type of legal system in which an individual has obtained his or her primary legal education is a choice unrelated to citizenship status," ld. at 1675. The Judge also noted, however, that a facially neutral requirement, if purposefully adopted or selectively applied for the purpose of discriminating on the basis of citizenship status, could constitute a violation of the INA's anti-discrimination provision, ld. at 1672 (citing 52 Fed, Reg, 37,402)."

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