The Real Reason Behind Form I-16 20116 | Form I-16 20116
Two contempo events—the added abundance of raids and notices of analysis by Clearing and Customs Enforcement (ICE) and the Social Security Administration (SSA) resuming its convenance of arising employer alteration appropriate notices (sometimes alleged “no-match” letters) are authoritative companies check their own acquiescence with federal clearing laws. Area it gets catchy is aggravating to antithesis those laws with the abounding appliance laws that additionally apply.
For example, on the one hand, the federal Clearing Reform and Control Act of 1986 (IRCA) requires administration to verify that all workers accept accommodation to assignment in the United States. To do this, administration of any admeasurement charge ensure that the Anatomy I-9 is completed and retained properly. On the added hand, the federal Clearing and Nationality Act (INA), as adapted by IRCA, prohibits administration from agreeable in bigotry with account to hiring based on an individual’s absolute or perceived citizenship, civic agent or clearing status. These anti- bigotry requirements independent in the clearing statutes administer to administration who accept between four and 14 employees. The Florida Civil Rights Act (FCRA) and Title VII, which administer to administration with 15 or added employees, prohibit bigotry based on, amid added things, chase and civic origin.
So, how do administration handle what seems to be a battle amid all of these laws in the hiring process? It is analytic to appetite to abstain the issues associated with ICE raids. Unless you are appropriate by a federal, state, or bounded law, or a government arrangement that requires you to alone appoint U.S. citizens, accomplish abiding your appliance appliance is not allurement any questions about citizenship or the attributes of an applicant’s assignment status. Generally, the alone questions you may ask are: whether the appellant is accurately accustomed to assignment in the United States; whether the appellant is accurately accustomed to assignment for your company. It is important to accomplish abiding that anyone who is administration interviews knows not to ask questions that would alarm for an acknowledgment about the applicant’s citizenship or civic origin. Finally, do not use the I-9 anatomy as a screening tool. You cannot ask addition to complete that anatomy until you accept offered appliance and the alone has accustomed the job.
Another archetype of back it becomes arduous to antithesis the assorted appliance and clearing laws is back you accept those no-match belletrist cogent you that an employee’s name or Social Security cardinal listed on the employee’s W-2 does not bout SSA records. A no-match letter does not beggarly the agent is crooked to assignment in the United States. There could be abounding affidavit for the no-match, such as, a name change, a typographical absurdity or an absurdity aural the SSA database. Do not append or blaze the agent or accept the agent complete a new I-9 as those accomplishments could breach both the clearing and bigotry laws. Do not bandy abroad the letter and achievement for the best. If you accept to do nothing, ICE could apperceive that cessation as affirmation that you had effective ability of abeyant clearing issues. Rather:
What if the agent tells you during this activity that he is undocumented or admits that he is not able to accurately assignment in the United States? Beneath that circumstance, you should abolish the employment. Otherwise, you could face fines and penalties for advisedly continuing to apply an alone who is not accustomed to work.
Here is addition accepted scenario—the agent tells you that he gave you a affected name and Social Security cardinal originally, but now has a accurate number. This can appear during the no-match activity or aloof during the amount of someone’s employment. United States Citizenship and Clearing Services (USCIS) takes the position the clearing laws do not crave you to blaze the employee. But, what about those bigotry laws? How do those appear into play? What if you adjudge to acquiesce the Hispanic macho who accepted to ahead alive beneath a affected name or Social Security cardinal to abide employed. However, you afresh accursed a Caucasian woman because you abstruse that she aria on her appliance appliance about area she formed afore or the acumen she larboard her above employer? You ability face gender and civic agent bigotry claims. You will charge to apperceive how you’ve handled added situations area advisers provided apocryphal information, such as their above-mentioned job experience, their degree, or anticipate about what antecedent you appetite to set in the future. Ability about the applicative laws and consistence are keys to advancement the appropriate antithesis and abbreviation abeyant liability.
Laurie Riley is a accomplice in the labor and employment convenance accumulation at Jones Walker in Miami. She focuses on appliance litigation.
The Real Reason Behind Form I-16 20116 | Form I-16 20116 – form i-9 2019
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