![]() Employers must physically examine the documents to determine if they reasonably appear to be genuine and relate to the employee presenting them before recording the document information, signing the form and returning the documents to the worker. New employees can present either one document showing both identity and employment authorization or one document showing identity and another proving work authorization. However, “if an employer has a policy to photocopy documents, the employer must do so for all employees to avoid potential claims of discrimination,” said John Fay, vice president and general counsel at LawLogix, a Phoenix-based software company specializing in cloud-based immigration and compliance services.Īs part of the Form I-9 process, new hires present original identity and work authorization documents to their employers to prove that they are authorized to work in the U.S. But haphazardly copying documents could land companies in hot water.Įmployers are not required to create or attach photocopies of documentation submitted to satisfy Form I-9 requirements during the employment eligibility verification process, but the practice is permissible. Call 80, 80 (TTY), or 84 (ASL Video Phone) or visit the EEOC website.Maintaining copies of supporting documents used during the employment eligibility verification process can show good faith during an investigative audit, reduce fines and serve as a defense against discrimination claims. You may also contact the Equal Employment Opportunity Commission (EEOC) if you feel you have been discriminated against in employment based on your race, color, religion, and national origin or any other protected bases (sex (including pregnancy, sexual orientation, and gender identity), age (40 and over), disability, and genetic information). ![]() If you feel your employer did not hire you, treated you differently during the hiring or Form I-9 process, or terminated you because of your national origin, or immigration or citizenship status, call IER at 80 (Worker Hotline) or 80 (TTY), or visit IER’s website. Comply with the Immigration and Nationality Act’s anti-discrimination provision.For example, your employer cannot ask you for a U.S. Allow you the choice of what documentation to provide.Accept your documentation if it reasonably appears to be genuine and to relate to you.Provide you with the entire Form I-9, including Instructions for completing the Form and the Lists of Acceptable Documents.Participating in an investigation or lawsuit on behalf of an alleged victim.Complaining about discrimination or otherwise asserting your or another’s rights.Department of Justice’s Civil Rights Division, or the Equal Opportunity Commission for assistance or to file a complaint. Contacting the Immigrant and Employee Rights Section (IER) in the U.S.For example, employers cannot fire you, decrease your pay, or otherwise try to punish you for: You may present any documentation either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work. Ask you for a specific document when reverifying that you are authorized to work.citizenship is required by law or government contract. Refuse to accept your document or refuse to hire you because your document expires in the future.Ask to see documents showing your permission to work before hiring you, or before you complete Section 1 of Form I-9.Treat you differently than other applicants because you have, or your employer believes you have, a particular citizenship or immigration status.For example, your employer may not refuse to accept your identification and unrestricted Social Security card because you have limited English proficiency. Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your documentation is fraudulent. ![]() Ask for a document issued by the Department of Homeland Security because you are not a U.S.Ask for specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender, disability, or genetic information, or because of any other protected characteristic.Employers must treat you in a non-discriminatory way, including when recruiting, hiring, firing, and verifying your identity and authorization to work using Form I-9, Employment Eligibility Verification or E-Verify.
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