Q: Is there any way I can work around federal and California discrimination laws regarding national origin, see below.
Hi,
Is there any way I can work around federal and California discrimination laws regarding national origin, in the following example:
I want to run a staffing firm that matches Swedes who want to work in the US, with US companies. Of course in accordance with all the H-1B requirements.
Can I work around national origin discrimination claims by any, or all together, of the following:
1) Separating employees in the office from the employees we sub-contract to other companies.
2) Never refusing to cater to an applicant with a different national origin, although not encouraging it either. The company name would have the word Swede in it but we would treat all applicants alike.
3) Tying the employees in the staffing part of the business to special skills, such as Swedish market knowledge, language skills, business and legal skills.
4) Any other suggestions?
Best regards,
Kristin
A: If you are discriminating because of a rational business purpose, for example by holding yourself out has a Swedish employment agency, then a requirement to be Swedish would be a legal job criterion. That, in my opinion, would not run afoul of any discrimination laws. It would be no different than if you catered only to Hispanics entering the workforce.
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