What are basic Form I-9 discrimination violations?
Minneapolis immigration attorney DeAnne Hilgers discusses basic ways Form I-9 there can be a Form I-9 violation.
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When the 1986 law took effect and required employers to complete Form I-9, that law had a second part to it that a lot of employers just don’t know about, and that is the antidiscrimination provision. You have to fill out the I-9 correctly, but if you go too far, then you can be penalized for discriminating against employers – or employees, so it’s a very fine line that employers walk. Some of the most common ways that employers might discriminate against an employee is if they’re a foreign national to require that they produce a permanent resident card. Employers can never tell an employee which document to produce. There’s a list of acceptable documents, and the employee can choose any document they want on that list.
Another way that employers might discriminate inadvertently and perhaps well intentioned is that they say, “Well, okay, you gave me a document that establishes your identification and work authorization, but you should give me more.” And so, they end up recording more documents than they need. Those would be two common, unintentional ways that employers might discriminate against employees.