Page 54 - Handbook for Employers - Guidance for Completing Form I-9
P. 54
only when required to do so by law, regulation, 38. Q. Can I refuse to hire someone based on national
executive order, or government contract. origin?
• National origin discrimination with respect to A. Failure to hire an individual based on the
hiring, firing, and recruitment or referral for person’s national origin may violate the anti-
a fee, by employers with four to 14 workers. discrimination provision of the INA if the
Employers may not treat individuals differently employer employs between four and 14
because of their place of birth, country of origin, employees, or may violate Title VII of the Civil
ancestry, native language, accent or because they Rights Act (enforced by the Equal Employment
are perceived as looking or sounding “foreign.” Opportunity Commission (EEOC)) if the
All work-authorized individuals are protected employer has 15 or more employees. If a
from national origin discrimination. The Equal small employer has rejected your employment
Employment Opportunity Commission has application based on your national origin, contact
jurisdiction over national origin discrimination IER to determine whether IER or the EEOC has
claims against employers with 15 or more jurisdiction to assist you.
workers, regardless of the work authorization
status of the discrimination victims. 39. Q. Can I ask an employee to show a specific
document for the Form I-9?
• Unfair documentary practices related to verifying
the employment eligibility of employees during A. No. For employment eligibility verification, an
the I-9 or E-Verify processes. Employers may employee must be allowed to choose which
not, on the basis of citizenship, immigration documents to show from the Form I-9 Lists of
status, or national origin, request more or Acceptable Documents. If the documentation
different documents than are required to verify reasonably appears to be genuine and to
employment eligibility and identity, reject relate to the employee, the employer must
reasonably genuine-looking documents, or accept it. An employer may be violating the
specify certain documents over others. All work- anti-discrimination provision of the INA if
authorized individuals are protected from unfair the employer requires an employee to show
documentary practices. specific documents or more documents than
required based on the employee's citizenship,
• Intimidation or Retaliation. Employers may immigration status or national origin.
not intimidate, threaten, coerce, or retaliate
against individuals who file charges with IER,
who cooperate with an IER investigation, who 40. Q. Can I refuse to accept an employee’s
contest an action that may constitute unfair documentation if I would prefer to see another
documentary practices or discrimination based type of documentation?
upon citizenship, immigration status, or national A. No. For employment eligibility verification, an
origin, or who otherwise assert their rights employee must be allowed to choose which
under the INA’s anti-discrimination provision.
documents to show from the Form I-9 Lists of
Acceptable Documents. If the documentation
37. Q. Can I limit hiring only to U.S. citizens? reasonably appears to be genuine and to relate
to the employee, the employer must accept
A. Employers cannot limit positions to U.S. citizens it. An employer may be violating the anti-
only unless they are required to do so by a law, discrimination provision of the INA if the
executive order, regulation, or government employer rejects the valid documentation an
contract that requires specific positions to be employee presents based on the employee’s
filled only by U.S. citizens. If a job applicant citizenship, immigration status or national
is discouraged or rejected from employment origin.
based on citizenship status, the employer may be
committing citizenship status discrimination in
violation of the anti-discrimination provision of
the INA.
50
