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Cautionary Tale for I-9 Compliance

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Cautionary Tale for I-9 Compliance

January 5, 2012

Employers doing their best to be prepared for I-9 audits must also be wary of asking for too much documentation or documentation that is not mandated. Such requests could be found to violate statutory anti-discrimination provisions. Yesterday, the U.S. Department of Justice announced a settlement in which an employer agreed to pay a $115,000 civil penalty to resolve a complaint filed in December 2011 that resulted in an investigation by the DOJ. A worker with permanent residence status had claimed that the teaching hospital was requesting more documentation from non U.S. Citizen workers than from U.S. Citizen workers. Employers will do well to have continuing training on I-9 requirements and applicable anti-discrimination provisions, and to carefully follow the instructions in the government's I-9 Handbook for Employers.

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