The Department of Justice (DOJ) recently announced that it reached a settlement agreement with a senior living provider. This agreement resolves allegations that the latter has violated the Immigration and Nationality Act (INA).

According to the DOJ, the employer violated the law by rejecting valid documentation when completing the employment eligibility verification (Form I-9) process. This violation involved requesting additional documentation due to the plaintiff’s citizenship status.

The investigation began after a worker complained about discrimination during the employment eligibility verification process. The DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) determined that the employer had refused to honor the worker’s valid documentation. According to the plaintiff, she presented this documentation to prove her identity and work authorization. 

Furthermore, the investigation revealed how the employer requested additional documentation after rejecting the valid documents. The IER realized this happened because of a misunderstanding based on how the employer completed the Form I-9. Due to this misunderstanding, the investigation determined that the employer repeatedly asked for unnecessary documents.

The investigation revealed that the requests typically occurred while attempting to complete the employment eligibility verification process. Employers must comply with the requirements of the INA, which prohibits employers from discriminating against individuals based on several factors. These factors include citizenship status and national origin in hiring, firing, and unfair documentary practices.

Under this law, employers cannot reject the documentation a worker chooses to present. Furthermore, they cannot request documentation beyond what I-9 regulations and other laws require to complete the process. According to Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division:

“Under federal law, employers cannot discriminate based on citizenship status when verifying an individual’s ability to work. The Civil Rights Division is committed to protecting workers from citizenship status discrimination and removing unnecessary barriers to work in the United States.”

According to the settlement agreement, the employer must complete a physical Form I-9 when unable to complete the process normally. Furthermore, the employer must pay the federal government a civil penalty of $3,456 and revise its existing policies. The company also agreed to provide relevant employees with training on the INA’s anti-discrimination provisions and accept further monitoring by the DOJ.

As this settlement clearly illustrates, employers must ensure compliance with the INA’s requirements and other state and federal laws governing the employment eligibility verification process. One of the best ways to help ensure compliance with the I-9 process is to incorporate a trusted electronic I-9 management system with E-Verify integration into the onboarding process. This system can provide step-by-step guidance, digital storage, and an easy-to-use structured process to help ensure compliance.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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