Page 39 - Handbook for Employers - Guidance for Completing Form I-9

Part Four

Unlawful Discrimination and Penalties

for Prohibited Practices

Unlawful Discrimination an employer may use that verifies employment eligibility.
Unfair documentary practices can be broadly categorized
Discriminating in the Form I-9 and E-Verify verification into four types of conduct:
processes can violate federal law. This section describes
prohibited discrimination and how to prevent prohibited 1. Requesting that an individual produce more
discrimination in verifying an individual’s employment or different documents than are required by
authorization. Form I-9 to establish the individual’s identity and
employment authorization;
Overview of Discrimination Laws 2. Requesting that individuals present a particular
document, such as a “Green Card,” to establish
The anti-discrimination provision of the Immigration identity and/or employment authorization;
and Nationality Act (INA), as amended, prohibits four 3. Rejecting documents that reasonably appear to be
types of unlawful conduct: genuine and to relate to the individuals presenting
them; and
1. Unfair documentary practices during the Form I-9 4. Treating groups of individuals differently
and E-Verify process); when verifying employment eligibility, such
2. Citizenship or immigration status discrimination; as requiring certain groups of individuals who
3. National origin discrimination; look or sound “foreign” to present particular
4. Retaliation or intimidation documents the employer does not require other
individuals to present.
The Department of Justice’s Civil Rights Division,
Immigrant and Employee Rights Section (IER), enforces These practices may constitute unfair documentary
this law. practices if they are committed based on citizenship or
immigration status, or national origin, and should be
Title VII of the Civil Rights Act of 1964 (Title VII) and avoided when verifying employment authorization. All
other federal laws prohibit employment discrimination employment-authorized individuals are protected against
based on race, color, national origin, religion, sex, this type of discrimination. The INA’s provision against
age, disability and genetic information. The U .S. Equal unfair documentary practices covers employers with four
Employment Opportunity Commission (EEOC) enforces or more employees.
these laws.
Citizenship Status Discrimination
Types of Employment Discrimination
Prohibited Under the INA Citizenship or immigration status discrimination occurs
when an employer treats individuals differently based on
Unfair Documentary Practices
their real or perceived citizenship or immigration status
with respect to hiring, firing, recruitment, or referral for a
The INA prohibits discriminatory documentary practices fee. U.S. citizens, recent permanent residents, asylees, and
related to verifying the employment authorization and refugees are protected from this type of discrimination.
identity of employees during the employment eligibility The INA’s provision against citizenship or immigration
verification process (generally, the Form I-9 and E-Verify status discrimination covers employers with four or more
processes). Unfair documentary practices generally occur employees.
when employers treat individuals differently on the basis
of national origin or citizenship or immigration status in
the Form I-9 or E-Verify processes, or any other process

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