EMPLOYMENT VERIFICATION VS. DISCRIMINATION
When the I-9 form was first implemented in 1986, it effectively placed immigration control in the hands of our nation's employers. The belief was that by making it more difficult for unauthorized aliens to get work, they would be less likely to enter the United States. At the same time, however, IRCA prohibits employers from discriminating against foreign-appearing workers or workers who cannot produce certain preferred documents, such as a "greencard." In order for an employer to prevent a discrimination charge, the employer should not ask for documents for I-9 compliance until after an individual is hired. The employer should keep the I-9 information separate from the personnel files. Also, the employer should not require more or different documentation than that which is listed on the I-9 form. Lastly, the employer should not specify documents from the I-9 lists that are or are not acceptable to the employer. These practices are referred to as "Document Abuse" and can carry a fine of $100 to $1000 per violation.
Employers often ask if they may check the authenticity of social security numbers. While employers have a legal obligation under tax law to verify accounts for FICA payments, this process should be separate from I-9 procedures in order to eliminate the appearance of discrimination. However, if an employer finds an incorrect social security number, the employer should first check to see if an error was made when recording the social security number. If the employer was not in error, then the employer should inform the worker of the problem and suggest that the worker contact the Social Security Administration to clear up the discrepancy. It is inadvisable to dismiss an employee for an incorrect social security number until all measures have been taken to be certain there was not an honest mistake.
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