Page 43 - Handbook for Employers - Guidance for Completing Form I-9

including: who receive an NIF may request a hearing before an
administrative law judge. If DHS does not receive a request
1. Hiring, reinstating or promoting with back pay, for a hearing within 30 days, it will impose the penalty
benefits, and retroactive seniority; and issue a Final Order, which is final and cannot be
2. Posting notices to employees about their rights appealed.
and about the employer’s obligations; and/or
3. Removing incorrect information, such as a false Individuals found by DHS or an administrative law judge
warning, from an employee’s personnel file. to have violated section 274C of the INA may be ordered
to cease and desist from such behavior and to pay a civil
Under Title VII, compensatory damages may also be avail- money penalty.
able where intentional discrimination is found. Damages
may be available to compensate for actual monetary Additional Information
losses, for future monetary losses, and for mental anguish
and inconvenience. Punitive damages may be available if For more information relating to discrimination based
you acted with malice or reckless indifference. upon national origin and citizenship or immigration
status, and discrimination during the Form I-9 and
You may also be required to pay attorneys’ fees, expert E-Verify processes, contact IER at 1-800-255-8155
witness fees, and court costs. (employer hotline) or 1-800-237-2515 (TTY for the deaf
or hard of hearing); or visit their website at justice.gov/
Civil Document Fraud ier.

If a DHS investigation reveals that an individual has For more information on Title VII and EEOC policies and
knowingly committed or participated in acts relating to procedures, call 1-800-669-4000, or 1-800-669-6820
document fraud, DHS may take action. DHS will issue (TTY for the deaf or hard of hearing), or visit EEOC’s
an NIF when it intends to impose penalties. Persons website at eeoc.gov .

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