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Like nearly all aspects of employment law today, immigration law hasn’t been immune from the effects of the COVID-19 pandemic. The trend is likely to continue throughout 2022, particularly with regard to employment authorization documentation. The federal government is looking to consider additional flexibility for employers working to comply with the requirements.
by Jacob M. Monty No one looks forward to an I-9 audit from U.S. Immigration and Customs Enforcement (ICE). I-9s are notoriously problematic because not only does the law dictate which types of documents an employer may accept, but it also stipulates that employers cannot demand or refuse particular documents. In other words, if a […]
by Saul Glazer With the increase in terrorism and attention given to immigration- related complaints, there is commensurate potential for workplace conflict and harassment related to national origin. The Equal Employment Opportunity Commission (EEOC) recently issued new guidelines to help employers prevent national origin discrimination in the workplace. This article discusses national origin discrimination and […]
by Jesse Goldstein The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices in the Civil Rights Division of the U.S. Department of Justice recently provided guidance on how employers are permitted to react when employees confess that they previously presented fraudulent documents in conjunction with Form I-9, which verifies workers’ employment eligibility. I-9 […]
by Mary Pivec Employers face a high cost if they are accused of engaging in discriminatory employment verification procedures. The Office of Special Counsel for Immigration-Related Discrimination (OSC) in the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers that allegedly misuse or abuse their access […]
by Jesse Goldstein An acting deputy special counsel of the U.S. Department of Justice (DOJ), Civil Rights Division, recently issued a technical assistance letter explaining that during an internal I-9 audit, a company shouldn’t request documents that an employee didn’t present when he originally completed his Form I-9 or ask for better photocopies of the […]