Form I-9 Employment Verification Procedures and Discrimination

The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) in the U.S. Department of Justice (DOJ) is the agency that investigates charges of discrimination arising out of employment eligibility 먹튀사이트 practices. Employers who are determined to have unlawfully discriminated may be required to pay back wages and civil penalties and to hire or rehire workers.

  • Unfair Documentary Practices. The completion of the Form I-9 requires an employee to present certain specific documents to prove his or her identity and eligibility to work in the Unites States. New hires have the right to choose which documents to present to the employer. If the documents supplied by the employee appear to be reasonably valid and relate to the person who presented them, an employer cannot lawfully request additional documents. If for example an employee certifies that he or she has permanent residence status and provides a drivers license and social security card but not a permanent residence card (Green Card), it may be considered abusive for the employer to insist on seeing the Green Card. Attempts to do so may result in governmental sanctions against the employer for document abuse.
  • Citizenship Status Discrimination. Requiring U.S. citizenship or permanent resident status is prohibited unless otherwise required by law, regulation, or government contract. Refusing to hire asylees or refugees because employment authorization will end at a specific date in the future is unlawful.
  • National Origin Discrimination. It is unlawful to treat workers differently because of their place of birth, country of origin, ancestry, native language, or accent.
  • Retaliatory Discrimination. It is unlawful for an employer to intimidate, threaten, coerce, or retaliate against an employee who files a discrimination charge, testifies, or assists an investigation or hearing, or asserts other rights under law.

Be sure the documents you accept are actually on the List of Acceptable I9 documents. Recently, we have seen issues with employers accepting documents that are not part of the lists. Firearms Carry Permits, Union Cards, Library Cards, are not on the List of Acceptable Documents and cannot be used as proof of work authorization for purposes of the Form I-9.

Employers must pay attention to the details of the Form I-9 in order to protect themselves from costly mistakes and potential discrimination charges.

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