U.S. Department of Justice Cautions Employers to Ensure that Electronic I-9 Systems Comply with I-9 Requirements

more+
less-

In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that employers should not rely on electronic I-9 systems to avoid liability in the employment eligibility verification context. Citing the Macy’s Settlement Agreement from June 2013, in which the retail giant was ordered to pay a civil penalty of $175,000 and create a back pay fund of $100,000, the largest such settlement reached by the OSC, the OSC stated that this was a case of document abuse and the use of technology. Because Macy’s electronic I-9 system limited the employee’s choice of I-9 documents that could be presented and required more or different I-9 documents from individuals based on immigration status or national origin, the OSC concluded that Macy’s committed unfair documentary practices in violation of the Immigration and Nationality Act. The OSC warned employers that despite the move to an online I-9 environment and process, it is their responsibility to thoroughly vet the electronic I-9 product and ensure its compliance with I-9 requirements.

Written by:

Published In:

DOJ
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.

© Laner Muchin, Ltd. | 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...
×
×