Avoiding Discrimination Claims During the I-9 Verification Process

Discrimination claims during the I-9 verification process are not uncommon, and they pose a significant compliance risk for employers. These accusations often arise when employers request specific documents or create inconsistent verification processes.

One of our experienced immigration attorneys could ensure your company does not face baseless allegations. At Monty & Ramirez, we could explain the basics of avoiding discrimination claims during the I-9 verification process to protect your company.

Follow Best Practices for Employers During I-9 Verification

To avoid exposing your company to discrimination claims during the I-9 verification process, it is essential to treat all new hires the same. Educate hiring managers on anti-discrimination laws and proper I-9 procedures to prevent bias and adopt a standardized process by strictly following the same procedure for all workers, regardless of origin, citizenship, or immigration status.

Give all employees the same Lists of Acceptable Documents (List A, B, or C), and let them choose which documents to present. Remember to periodically conduct self-audits and review your I-9s to ensure consistent compliance and identify potential issues. Keeping detailed, separate records would also show fair treatment and compliance. This documentation helps prevent a claim of discrimination during the hiring process.

How To Prevent Discrimination Claims?

I-9 document abuse is the practice of demanding more or different documents than required, rejecting genuine documents that appear valid, or specifying certain documents, and it is more than merely discriminatory. It violates federal law protecting work-authorized individuals from unfair practices based on citizenship or national origin and could lead to discrimination claims. To limit your company’s exposure to accusations of bias during I-9 verification, avoid asking for specific documents, such as a passport or Green Card, and be willing to accept all valid-looking documents from the lists.

Do not ask about an individual’s citizenship or immigration status before hiring or completing Section 1, as this too can be unlawful and construed as biased. Once a lawful permanent resident presents their Permanent Resident Card, you cannot reverify them.

Call Us for Help Avoiding Discrimination During the I-9 Process

Federal law strictly prohibits discriminatory practices, and following the rules closely is essential for avoiding discrimination claims during the I-9 verification process. Failure to comply can expose your company to substantial civil penalties and hefty fines.

Contact the Dallas or Houston immigration law offices of Monty & Ramirez for guidance. If your company is under an I-9 or ICE investigation, we urge you to schedule a complimentary consultation with a member of our skilled legal team right away.