When it comes to completing Form I-9s, employers can face serious charges for “document abuse,” such as demanding that new hires produce more or different identity documents than the I-9 requires.
The U.S. Department of Justice recently issued proposed regulations that make clear I-9 discrimination means treating people differently based on national origin, regardless of the explanation or whether it’s due to personal animus.
This DOL stance diminishes the role of “good faith” in an employer’s possible defense to I-9 documentation errors and puts you more at risk.
Message: Don’t request more documents than the I-9 allows.
“Now more than ever,” says immigration attorney John Fay of LawLogix, “HR and hiring managers need to take stock of their I-9 and E-Verify policies and procedures, with a particular focus on avoiding discriminatory practices. Too often, employers spend all of their time trying to be better ‘I-9 enforcers’ without taking into account the other side of the coin—ensuring that employees are not treated differently based on their citizenship status, national origin, or immigration status.”
Learn more by reading Fay’s blog.
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