Page 41 - Handbook for Employers - Guidance for Completing Form I-9

reverification, each employee must be free to settle a charge, or the parties may enter into a settlement
choose to present any document either from List A agreement resolving the charge.
or from List C.
8. Limit jobs to U .S. citizens unless U .S. citizenship EEOC
is required for the specific position by law;
regulation; executive order; or federal, state, or A charge must be filed with EEOC within 180 days from
local government contract. the date of the alleged violation to protect the charging
party’s rights. This 180-day filing deadline is extended to
300 days if the charge also is covered by a state or local
Employers Prohibited From Retaliating Against anti-discrimination law.
Employees

Penalties for Prohibited Practices
You cannot take retaliatory action against a person
who has filed a charge of discrimination with IER Unlawful Employment
or EEOC, was a witness or otherwise participated in Civil Penalties
the investigation or prosecution of a discrimination
complaint, or otherwise asserts rights under the INA’s DHS or an administrative law judge may impose penal-
anti-discrimination provision and/or Title VII. Such ties if an investigation reveals that you knowingly hired
retaliatory action may constitute a violation of the INA’s or knowingly continued to employ an unauthorized
anti-discrimination provision, Title VII, and other federal alien, or failed to comply with the employment eligibility
anti-discrimination law. Retaliation violates federal law. verification requirements with respect to employees
hired after Nov. 6, 1986.

Procedures for Filing Charges of Employment DHS will issue a Notice of Intent to Fine (NIF) when it
Discrimination intends to impose penalties. If you receive an NIF, you
IER may request a hearing before an administrative law judge.
If your request for a hearing is not received within 30
Discrimination charges may be filed by an individual, a days, DHS will impose the penalty and issue a Final
person acting on behalf of such an individual, or a DHS Order, which cannot be appealed.
officer who has reason to believe that discrimination has
occurred. Hiring or Continuing to Employ Unauthorized Aliens
Discrimination charges must be filed with IER within
180 days of the alleged discriminatory act. If DHS or an administrative law judge determines that
you have knowingly hired unauthorized aliens (or are
Upon receipt of a complete discrimination charge, IER continuing to employ aliens knowing that they are or
will notify you within 10 days that a charge has been have become unauthorized to work in the United States),
filed against you and start its investigation. If you refuse you may be ordered to cease and desist from such
to cooperate with IER’s investigation, IER can obtain a activity and pay a civil money penalty for each offense.
subpoena to compel you to produce the information and
documents requested or to appear for an investigative You will be considered to have knowingly hired an
interview. unauthorized alien if, after Nov. 6, 1986, you use
a contract, subcontract or exchange, entered into,
If IER has not filed a complaint with an administrative renegotiated or extended, to obtain the labor of an alien
law judge within 120 days of receiving a charge of and know the alien is not authorized to work in the
discrimination, it will notify the charging party (other United States. You will be subject to the penalties above.
than a DHS officer) of their right to file a complaint with
an administrative law judge within 90 days after receiving Failing to Comply With Form I-9 Requirements
the notice.
If you fail to properly complete, retain, and/or make
Additionally, IER may also file a complaint. If a complaint Form I-9 available for inspection as required by law,
is filed, the administrative law judge will conduct a you may face civil money penalties for each violation. In
hearing and issue a decision. IER may also attempt to

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