- Prohibited Immigration-Based Employment Practices Under IRCA
- January 1, 2019 | Author: Katia Desrouleaux Bowman
- Law Firm: Taylor, Porter, Brooks & Phillips, L.L.P. - Baton Rouge Office
The Employment Eligibility Verification Form or, Form I-9 is the tool employers are required to use to verify the identity and work authorization of every employee (with some rare exceptions), regardless of citizenship. The law that requires such verification is the Immigration Reform and Control Act of 1986 (IRCA), whose purpose is to thwart illegal immigration to the United States and the employment of unauthorized workers by U.S. employers. As a general rule, employers must timely complete and retain the Form I-9 for each employee, including U.S. citizens, hired on or after November 6, 1986.
Employers should heed the intricacies of the I-9 process and implement necessary measures to both attain and maintain compliance.
The following are prohibited Immigration-Based Employment Practices Under IRCA:
- Hiring employees without verifying identity and employment authorization on Form I-9;
- Knowingly hiring (or recruiting for a fee, or referring for a fee) or continuing to employ foreign workers who are unauthorized to work in the U.S.;
- Discriminating against individuals on the basis of national origin, citizenship or Immigration status;
- Requesting more or different documents than are required to verify employment eligibility, rejecting reasonably genuine-looking documents, or specifying certain documents over others; and
- Retaliating against individuals because they: file charges with the Department of Justice’s Immigrant and Employee Rights Section (IER); cooperate with an IER investigation; contest action that may constitute unfair documentary practices or discrimination based on citizenship or immigration status, or national origin; or assert their rights under the Immigration and Naturalization Act’s (INA) anti-discrimination provision.