The Tracker I-9 team will periodically post on our News Blog tips for employers who may want additional information about Form I-9 and E-Verify. Today’s tip is on avoiding discrimination in recruiting, hiring, and processing I-9 forms.
When employers do not meet all the Form I-9 requirements, miss important deadlines, and/or take actions viewed as discriminatory, they place themselves at risk of government sanctions and potential employment discrimination lawsuits. It is therefore essential for employers to be continuously informed about frequent changes in the laws and regulations, especially as they pertain to the documents that employers may accept from newly hired employees during employment verification.
Employers should treat employees equally when recruiting and hiring, and when verifying employment eligibility and completing Form I-9. Specifically, employers should note the following:
1. Employers should never set different employment eligibility verification standards or require that employees present different documents because of their national origin and citizenship status. For example, employers cannot demand that non-U.S. citizens present DHS-issued documents; employees must be allowed to choose the documents they will produce from the lists of acceptable Form I-9 documents. Another example: both citizens and work-authorized foreign nationals may produce a driver’s license (List B) and an unrestricted Social Security card (List C) to establish identity and employment eligibility.
2. Employers should never request employment eligibility verification documents before hire and completion of Form I-9 because someone looks or sounds “foreign,” or because someone states that he or she is not a U.S. citizen.
3. Employers should never refuse to accept a document—or refuse to hire an individual—because a document has a future expiration date.
4. Employers should never request that an employee present a new unexpired employment authorization document (EAD) during reverification if he or she presented an EAD during the initial verification. For reverification, each employee must be allowed to present any document either from List A or from List C. Refugees and asylees may possess EADs, but they are authorized to work based on their status and may possess other documents that prove work authorization from List A or List C to show upon reverification, such as an unrestricted Social Security card.
5. Employers should never limit jobs to U.S. citizens unless U.S. citizenship is required for the specific position by law; regulation; executive order; or federal, state, or local government contract.
Employers can request a free E-Verify and Form I-9 HR Toolkit from the Tracker I-9™ website.
Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.