The I-9 form has everything you need as an employer to verify employment eligibility. Requesting more documentation, if not done consistently, can open your business up to a possible discrimination violation. Requesting less puts business at risk of non-compliance if your company is audited.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in all aspects of employment on the basis of national origin. The I-9 form, when used correctly with consistent hiring practices, can be a valuable tool to protect your business from discrimination charges. A recent post on chubbworks.com provides some good tips to prevent immigration-related discrimination:
- Review your documentation requirements to be certain they are practiced with consistency and do not require more or different documentation than required by law.
- If documentation looks genuine, do not overly scrutinize it or demand different documents.
- Train your managers, supervisors, and all employees who participate in hiring, firing, and working with immigrants that discrimination laws, including the laws prohibiting national origin discrimination, extend to immigrants, including non-citizens of the United States.
- Establish standards to make certain only documented immigrants are provided jobs. This would include making certain all new hires complete I-9 forms properly. Document your due diligence when determining immigration status.
- Similar to Title VII, INA prohibits retaliation against employees for exercising rights under the INA. Make sure to train all employees about anti-retaliation laws. Take all complaints seriously and investigate immediately.
- Investigate if termination or resignation of immigrants is high under particular managers.
- Remember employers must also comply with all applicable state laws protecting immigrants.