Unfair Employer Form I-9 Practices

According to the Immigration and Naturalization Act (“INA”), all U.S. employers need to follow form I-9 process in hiring employees to make sure employees are legally authorized to work in the United States. On the other hand, U.S. employers cannot discriminate against authorized U.S. workers in the form I-9 process. "The INA’s anti-discrimination provision protects all authorized workers from unfair documentary requests during the Form I-9 process," said in a December 2010 announcement by the Department of Justice (“DOJ”). In December the DOJ pursued and entered settlements with two employers in matters involving form I-9 process.

The DOJ reached a settlement agreement with Collins Management Corporation, a forestry products company in Oregon, to resolve allegations that the company unlawfully fired and later refused to rehire a lawful permanent resident in violation of the anti-discrimination provision of the Immigration and Nationality Act.

According to DOJ’s findings, the company insisted that a lawful permanent resident present an unexpired permanent resident card (also known as a "green card") for form I-9 process, even though the individual had already presented his driver’s license and unrestricted Social Security card to the employer. The DOJ further found that the company fired the individual when he was unable to present an unexpired green card and refused to consider him for re-hire two months later because the company believed he did not possess proper documentation.

As part of the settlement agreement, Collins agreed to pay $15,000 in back pay to the former employee and a $600 civil penalty to the federal government. The company also agreed to train its managers and human resources representatives regarding compliance with the anti-discrimination provision of the INA.

In another case, the DOJ entered into a settlement agreement with Oakwood Healthcare Inc. to settle allegations that its Ashville, N.C., facility unlawfully discriminated against a lawful permanent resident by rejecting her employment eligibility verification documents and rescinding an offer of employment. As part of the settlement, Oakwood agreed to compensate the worker for lost wages in the total of $732, pay a $1,100 civil penalty, and train its human resources employees regarding compliance with the anti-discrimination provision.

The Department of Justice said that it is committed to stopping workplace discrimination against citizens and work-authorized non-citizens alike. While it is important for U.S employers to follow the form I-9 process, it is also important not to wrongfully discriminate authorized employees in the process.