I-9 Form: Employer Fined for Discrimination
Saturday, September 10th, 2011The Department of Justice (“DOJ”) reported that it had reached a settlement with Brand Energy and Infrastructure Services and its subsidiary, Industrial Services LLC (ISI) on July 21, 2011. The DOJ reports that Industrial Services engaged in a pattern and practice of discrimination while completing Form I-9 on its non-citizen workers requiring specific employment documentation beyond what was required by law.
The investigation was prompted after a work-authorized immigrant lost his job when he could not comply with ISI’s request to provide specific employment documentation beyond what was required by law. Further investigation revealed that ISI’s Prairieville, LA office required all newly hired non-U.S. citizens to present documents issued by the Department of Homeland Security upon hire. The company did not require U.S. citizens to present any particular documents.
ISI has agreed to pay $43,560 in civil penalties and $7,200 in back pay, plus interest, to the injured party. Brand and ISI have also agreed to monitoring provisions, as well as training for their human resources personnel.
What employers need to know: You just cannot presume that the employees charged with managing your I-9 program are compliant with the law and adhering to anti-discrimination rules and regulations if you’re turning a blind eye to your compliance issues, the consequences of which today are severe and expensive – not to mention the bad press that accompanies such an investigation. Employers must accept ANY acceptable document from List A that appears to be genuine and that relates to the worker, or a combination List B plus a List C document. Additionally, employers are not to require more documentation than what is itemized on the List of Documents for Form I-9.
Let’s re-visit ICE’s list of best practices that include the following as a reminder to employers:
- Internal compliance & training program
- Polices/procedures safeguard against discrimination incl. training
- Require I-9 process only by those trained
- Secondary review for each I-9
- Annual I-9 audits by external auditing firm or trained person not involved in I-9 process
- Written I-9 policy
- Protocol to respond to tips/information/constructive knowledge
- Maintain copies of documents
- Participation in E-Verify/SSNVS
We are available to assist you with your compliance needs. Please visit our Employer Resource Center and contact us should you wish to discuss our services and solutions.