The Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status, or based on their national origin, in the Form I-9 process. It is important for employers to develop, implement and enforce anti-discrimination policies, practices and procedures, and to ensure that all employees conducting Form I-9 verification or E-Verify confirmation understand all program rules. Employers should also provide appropriate and adequate employee education on employer responsibilities and worker rights.
To prevent discrimination, the employer should treat all people equally when
Employers also must not retaliate against a person who
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates charges of employment discrimination related to an individual's citizenship or immigration status or national origin. The Equal Employment Opportunity Commission (EEOC) also investigates employment discrimination based on national origin, in addition to other protected bases. OSC investigates national origin claims against employers with four to 14 employees, and EEOC investigates national origin claims against employers with 15 or more employees.
Preventing Discrimination in the Form I-9 Process
Employers must accept any document an employee presents from the Lists of Acceptable Documents, as long as the document reasonably appears to be genuine and to relate to the employee. Employers must not:
Remember: Employers must reject documents that do not reasonably appear to be genuine or to relate to the individual presenting them.
Types of Employment Discrimination Covered by OSC
Employers who discriminate against employees may be penalized by the federal government.
Last Reviewed/Updated: 05/16/2011