The Department of Justice (DOJ) recently reached an agreement with a Texas-based staffing company. This settlement addresses the company’s alleged employment eligibility verification (Form I-9) violations. According to the DOJ, the company rejected valid documentation that proved an employee’s work authorization.

According to Kristen Clarke, the Assistant Attorney General of the DOJ’s Civil Rights Division, “It is unlawful discrimination for employers to reject a worker’s valid documents showing their permission to work because of the worker’s citizenship status. The Civil Rights Division is committed to protecting workers who experience discrimination during the hiring process; employers that violate our nation’s civil rights will be held accountable.”

The DOJ’s Immigrant and Employee Rights Section launched its investigation against the employer in June 2021. As a result, it determined “reasonable cause to believe that Respondent discriminated against the Charging Party based on his citizenship status.” The DOJ alleged that the company demanded specific and unnecessary documentation during employment eligibility verification.

According to the case, the worker presented a valid driver’s license and Social Security card. The DOJ stressed that both prove a person’s authorization to work in the U.S. under the List of Acceptable Documents. Allegedly, the employer still demanded that the worker present a permanent resident card before starting work. The DOJ reported that this demand resulted in 20 days of lost wages.

The DOJ stressed that employers must accept any facially valid documentation the worker presents. These documents must satisfy Form I-9 requirements to qualify under the law. The settlement terms will have the employer pay the worker $2,080 in back pay plus interest. The DOJ also required the employer to pay $2,232 in civil penalties to the federal government. The settlement will also subject the employer to additional monitoring by the DOJ. 

According to the settlement, the employer agreed not to discriminate in the employment eligibility verification and reverification process. Finally, the company agreed to provide the DOJ with its policies and procedures for completing Form I-9s. The DOJ will review and approve the policies to ensure compliance with federal law.

As this settlement has shown, compliance with Form I-9 requirements can prove challenging for any employer. One way to ensure compliance with the employment eligibility verification process is by incorporating an electronic I-9 management tool. This tool guides employers through the I-9 process, offers accessible and convenient digital storage, an optional E-Verify integration, and notifications of when to take further action.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

Source