The federal Immigration and Nationality Act, as amended by the 1986 Immigration Reform and Control Act (IRCA), makes it illegal for an employer to reject valid documents that are presented by a non-U.S. citizen to establish identity and work eligibility as part of the “I-9 form” employment eligibility verification process. Stated another way, an employer cannot specify the documents an individual must present as long as the documents produced are valid for I-9 verification purposes.
The INA’s anti-discrimination provisions are enforced by the Immigrant and Employee Rights Section (IER) of the U.S. Department of Justice (DOJ), and remedies for violations can include make-whole relief, such as hiring, reinstatement, and back pay, as well as imposition of civil penalties.
Within the last few months, DOJ announced that it had entered into several settlements involving alleged discrimination by employers in connection with the Form I-9 process. In turn, these settlements serve as an important reminder that as long as an individual presents valid, legally acceptable documentation when completing the I-9, the employer cannot demand to see different or additional documents.
Members of the Center for Workplace Compliance (CWC) can read more here.