Page 14 - Immigration & I-9_8-22-17_PRISMA_Neat

UNLAWFUL DISCRIMINATION

The Immigration and Nationality Act prohibits employers from discriminating against individuals based on their
citizenship, immigration status, or their national origin, in the form I-9 process . It is important for employers to
develop, implement and enforce anti-discrimination policies, practices and procedures, and to ensure that all
employees conducting I-9 verification or E-Verify confirmation understand all program rules . Employers should also
provide appropriate and adequate employee education on employer responsibilities and worker rights .

The Department of Justice’s Office of Special Counsel (OSC) for immigration-related unfair employment
practices investigates charges of employment discrimination related to an individual’s citizenship or immigration
status or national origin . The Equal Employment Opportunity Commission (EEOC) also investigates employment
discrimination based on national origin, in addition to other protected bases .

To prevent discrimination, the employer should treat all people equally when:
• Announcing a job
• Taking applications
• Performing interviews
• Making job offers
• Verifying the individual’s authorization to work
• Hiring the individual
• Terminating the individual’s employment
Employers also must not retaliate against a person who:
• Files a charge of discrimination with OSC or EEOC
• Participates in an investigation or prosecution of a discrimination complaint
• Asserts his or her rights or the rights of another person under anti-discrimination laws

Preventing Discrimination During the I-9 Process:
Employers must accept any document an employee presents from the List of Acceptable Documents, as long as the
document reasonably appears to be genuine and to relate to the employee .
Employers must not:

• Demand that an employee show specific documents
• Ask to see employment authorization documents before an individual accepts a job offer
• Refuse to accept a document, or refuse to hire an individual, because a document will expire in the future
• Refuse to accept a receipt that is acceptable for Form I-9 purposes
• Demand a specific document when reverifying that an employee is authorized to work

Remember: Employers must reject documents that do not reasonably appear to be genuine or relate to the
individual presenting them .

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12 Revised February 2014