Department of Justice (DOJ) opinion

For our immigration/criminal defense clients, see recent decision from the Department of Justice: OCAHO publishes decision – Leola Branch v. Duong Schumacher 14 OCAHO no. 1358 (2020) On June 2, 2020, the Office of the Chief Administrative Hearing Officer (OCAHO) published a precedent decision in Branch v. Schumacher, 14 OCAHO 1358 (2020). The Administrative Law Judge (ALJ) denied Respondent’s motion to dismiss. Respondent argued that OCAHO lacked subject matter jurisdiction to hear Complainant’s national origin discrimination claim because Complainant had also filed a charge with the Equal Employment Opportunity Commission (EEOC). The ALJ considered 8 U.S.C. § 1324b(b)(2), which precludes dual filing of national origin discrimination claims based on the same set of facts with both OCAHO and the EEOC, unless either agency dismisses the charge for lack of subject matter jurisdiction. The ALJ found that the EEOC charge was still in the investigatory phase and Respondent did not show that OCAHO lacks subject matter jurisdiction based on the number of Respondent’s employees. Respondent also argued that Complainant failed to allege a prima facie case of national origin discrimination. The ALJ explained that the federal pleading standard is not applicable in OCAHO proceedings and a complainant is not required to plead a prima facie case. Therefore, the ALJ found that Complainant stated sufficient facts to allege a claim for national origin discrimination.