Form I-9: Understanding The Anti-Discrimination Provisions Of The Law
When training staff on how to complete a Form I-9, most employers do not consider the portion of the Employment Eligibility Verification law that prohibits discrimination.
While most employers are aware that the Immigration and Nationality Act (“INA”) requires all employers to complete and retain a Form I-9 for every employee hired, many are unaware thatthe INA also contains provisions which make it unlawful to discriminate during the Form I-9 process.
These discrimination provisions affect:
- Procedures for accepting documents during the Form I-9 process
- Which immigration status questions can be asked of a perspective employee
- The procedures for re-verifying expired documents
- The process for conducting an internal I-9 audit
- How to make corrections to a Form I-9
These requirements are frequently unknown or misunderstood by employers. As a result, many employers inadvertently violate the discrimination aspects of the law and find themselves in the cross hairs of an investigation by the U.S. Department of Justice, Office of Special Counsel (“OSC”).
This audio conference will review the practices which are considered discrimination in the I-9 process under the law, as well as discuss policies and procedures which every business needs to have in place in order to reduce the likelihood of discriminatory I-9 practices. What You'll Learn:
By attending this training session, you and/or your co-workers will learn:
About Your Speaker
- The types of discrimination in the Form I-9 process that are prohibited under the Federal regulations
- The guidelines and procedures established by the OSC in order to avoid discrimination in the Form I-9 process
- Policies and Procedures employers should have in place to help eliminate liability in the Form I-9 process
- How an employer can become the subject of an OSC investigation
- What documents are generally requested in an OSC investigation - and what other investigative tools the OSC may use
- The mechanics of an OSC investigation
- Best practices for responding to an OSC Investigation
- Penalties that can be assessed in an OSC Investigation
- Recent case law/settlements from the OSC related to the anti-discrimination provisions of the Employment Eligibility Verification law
- How a business can defend itself if there is an OSC investigation
Patricia A. Bollman is a graduate of Tulane University School of Law. She has practiced primarily in the area of immigration and nationality law, and has taught and trained on employment-based immigration matters and I-9 compliance issues for over 30 years.
Patricia is a member of the American Immigration Lawyers Association and has an AV rating, the highest rating for attorneys, from Martindale Hubbell.
This program has been approved for 1.5 re-certification credit hours for HRCI's PHR and SPHR designations through the HR Certification Institute. For more information about certification or re-certification, please visit the HR Certification Institute website at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCIs criteria to be pre-approved for re-certification credit.
SHRM Professional Development Credits
This program is valid for 1.5 Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP designations. For more information about certification or re-certification, please visit www.shrmcertification.org.