Ward & Smith Seminar Addresses Key Workplace Issues
During Ward & Smith’s annual in-house counsel seminar, attorneys from the firm highlighted pressing workplace topics. The event focused on best practices related to Immigration and Customs Enforcement (ICE), the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the legal status of diversity, equity, and inclusion (DEI) initiatives, and anticipated changes that could affect employers. This article will delve into immigration matters and NLRB developments, with a forthcoming piece dedicated to DEI considerations.
Rising Significance of Immigration Concerns
Justin Hill, an attorney specialized in labor and employment law and certified by the North Carolina State Bar, shed light on recent actions taken by ICE, particularly the operation known as Charlotte Webb. This initiative resulted in over 425 arrests and reflects intensified enforcement of immigration policies. Hill noted the public’s strong reaction, which included school walkouts and condemnation from Governor Josh Stein regarding the actions of Border Patrol agents. The uncertainty surrounding the continuation of these operations has left employers apprehensive about future developments.
Legal Changes Impacting Employment
A pivotal change in employment law came in March 2025 with the termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program. This initiative allowed individuals from these nations to seek humanitarian relief and employment in the U.S. for a limited two-year period, contingent upon having a financial sponsor. The Department of Homeland Security (DHS) moved to end the program, a decision upheld by the Supreme Court. Hill emphasized the urgency of compliance, as affected parolees were notified via email and employers received lists of unauthorized employees through the E-Verify system.
Upcoming Changes to Temporary Protected Status
Recently, the DHS announced the abolition of Temporary Protected Status (TPS) for Haiti, stating the country no longer meets eligibility criteria. Although a deadline was initially set for September 2, 2025, a subsequent court injunction has pushed this date to February 3, 2026. Hill noted that other countries, including South Sudan, Cameroon, Syria, and Afghanistan, are also under consideration for similar status changes, increasing the complexities surrounding immigration policy compliance for employers.
Understanding ICE’s Enforcement Mechanisms
ICE’s primary role is to prevent unauthorized employment and ensure adherence to employment eligibility laws, while also enforcing the completion of Form I-9. ICE employs various investigative tools, including searches, warrants, and subpoenas, each with specific protocols. Employers typically receive three days’ notice of an inspection via certified mail or hand delivery. Hill cautionary advised against waiving this notice, as doing so could disadvantage employers during investigations.
Developing Effective Response Protocols
In light of these developments, Hill advocates for employers to establish a comprehensive response protocol for handling ICE investigations. The initial step should involve documenting any warrants or subpoenas received. Employers are encouraged to designate a point of contact within their organization for such matters and communicate that all inquiries must be directed to this individual first. Training a select group of employees on these procedures is crucial to ensure a smooth and informed response during investigations.
EEOC and NLRB Changes: Navigating New Guidelines
Labor and employment attorney Genesis Torres provided insights into recent actions by the EEOC and NLRB. In April 2025, an executive order prompted federal agencies to deprioritize enforcement based on disparate impact theories, emphasizing the review and possible repeal of related regulations. While this shift reduces federal enforcement capabilities, private litigants can still pursue cases under Title VII’s disparate impact framework. This legal evolution alters the enforcement landscape, as systemic cases have historically centered on intentional discrimination rather than unintentional impacts.
Recent Legal Developments in Employment Regulations
Further developments include the invalidation of certain EEOC enforcement guidelines regarding harassment, particularly those linked to sexual orientation and gender identity. Following a ruling in Texas v. EEOC, the court clarified that Title VII interpretations are rooted in a biological understanding of sex, prompting a reassessment of the EEOC’s policy directions. Additionally, changes within the NLRB have rescinded over 30 previous memorandums concerning non-disparagement clauses, confidentiality agreements, and other employment practices, signaling a substantial shift in employee-employer relations.
