As the country debates immigration reform, employers must not overlook the requirement under current law that they accept valid working papers from job applicants. As every HR department knows, the federal form I-9 lists the documents an employer must accept from a worker as proof of eligibility to work in this country, including certain photo IDs.
An employer that refuses to accept these documents as proof of work authorization commits an unfair immigration-related practice under the Immigration and Nationality Act and is subject to suit by the U.S. Department of Justice.
Last Tuesday, the DOJ announced that it has settled unfair immigration-related employment practice charges against a San Francisco-area bakery that allegedly refused to accept valid working papers from a foreign worker.
As part of the settlement, La Farine Bakery agreed to pay $26,000 in back pay and other compensation to the victim of this discrimination.
“Employers should not make assumptions about the validity of their workers’ employment documents based on sterotypes or unfounded assumptions,” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division. “The department encourages employers to use the Civil Rights Division’s resources, including OSC’s hotline, if they have questions about accepting Form I-9 documentation in a non-discriminatory manner.”
Read more about the case.