DOJ MAKES VIDEO ABOUT EMPLOYMENT ELIGIBILITY VERIFICATION AND DISCRIMINATION

FROM:  U.S. DEPARTMENT OF JUSTICE 
Thursday, July 11, 2013
Justice Department Releases Educational Video About Discrimination in Employment Eligibility Verification

The Justice Department announced today the launch of a new educational video to assist employers in avoiding charges of discrimination in the employment eligibility verification form I-9 process and in the use of E-Verify. The video also helps educate employees about their legal rights.  The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) within the department’s Civil Rights Division enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits employers from discriminating against work-authorized individuals in hiring, firing, recruitment or referral for a fee, regardless of their citizenship status or national origin.  The law also prohibits discrimination during the form I-9 and E-Verify processes.

OSC developed its latest video to address issues that frequently arise from calls to its hotline and charges filed. Employers sometimes incorrectly believe that they need to request more documents than are necessary for the employment eligibility verification form I-9.  Additionally, employers using E-Verify may improperly request specific documents due to misunderstanding of E-Verify requirements.  OSC’s new video highlights some practices that are not permissible and may lead to claims under the anti-discrimination provision.

“We believe this video will help both employers and employees across the country understand employment eligibility verification rules,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division.  “Federal law prohibits discrimination in the employment eligibility verification process, and the Justice Department is committed to enforcing the law.”