Earlier this month, the Justice Department Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (“Justice Department CRD”) and the National Labor Relations Board (“NLRB”) entered into a Memorandum of Understanding (“MOU”) formally recognizing that the agencies will share information with each other. The Justice Department CRD enforces the anti-discrimination provision of the Immigration and Nationality Act and anti-discrimination in employment-related immigration practices, such as the collection of information through Form I-9 and E-Verify. The NLRB enforces the National Labor Relations Act, which guarantees employees the right to engage in concerted action in the workplace.

Under the MOU, the Justice Department CRD and the NLRB can refer matters to each other without the express authority of individuals who complained about their employer. Agents of the Justice Department CRD and NLRB are expected to work together on investigations, where appropriate. The MOU provides that agents at the Justice Department CRD and NLRB will be cross-trained so that they can recognize matters that fall within the other’s jurisdiction and take appropriate action.

Prior to entering into this MOU, the Justice Department CRD had partnerships with 50 federal, state and local agencies. The MOU widens the net for both agencies even further and could potentially lead to one matter creating multiple enforcement actions from different agencies.