OSC Discourages Pre-Populating Section 1 When Using Electronic I-9 Programs

more+
less-

The Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC") recently issued an opinion letter discouraging the practice of pre-populating Section 1 of the Form I-9 when utilizing electronic I-9 programs. The OSC is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act including unfair documentary practices during the Form I-9 process. While some electronic I-9 programs offer the option to pre-populate the employee information required in Section 1 of the Form I-9 from information previously obtained from the employee through the job application process, OSC discourages this practice for a variety of anti-discriminatory reasons including the likelihood that inaccurate or outdated information will be entered into Section 1 and then into an E-Verify query resulting in a mismatch. OSC also states that employers who rely on previously gathered information may fail to provide employees with limited English proficiency translation or interpretation assistance to ensure the accuracy of Section 1 and to assist the employee in understanding the documents requested in Section 2. 

Written by:

Published In:

I-9
OSC

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Varnum LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×