The following information is essential for business owners or people in charge of hiring employees.
There are federal laws that prohibit discriminatory practices during the search, hiring, employment eligibility verification process (known as Form I-9) or termination of persons authorized to work in the United States.
To avoid acts of discrimination, an employer should follow the following recommendations:
1. Treat everyone the same when advertising for a job and in all aspects of hiring or firing an employee.
2. Examine and accept original documents that reasonably appear to be genuine and related to the employee.
No different or additional documentation may be required if the documents presented proving identity and work authorization are listed on the reverse side of Form I-9 and appear to be genuine.
4. If the job applicant is authorized to work in the United States, they cannot be required to have U.S. citizenship or permanent residency, unless required by federal law or contract.
Employment verification law is complex and I recommend that you consult with an immigration attorney to make sure you are following the relevant laws.
Tomorrow I will provide you with more recommendations to avoid acts of employment discrimination under the immigration laws.
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