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 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.