By MERRELL RENAUD
Special to HR.BLR.com
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Download NowIn the wake of the Sept. 11 terror attacks, many employers may be tempted to
take an anti-foreigner approach to hiring. Failing to hire a non-U.S. citizen
authorized to work in the United States can create as much liability for an
employer as hiring someone not authorized to work in the United States.
Most employers are aware that it is unlawful for any person knowingly to hire
any alien not authorized to work in the United States. Employers must confirm
eligibility and identity by reviewing specified documentation and complete an
I-9 form for each employee, generally within three days of hire.
Although authorization to work in the United States must be established, except
for government contracts required to be performed by US citizens, an employer
cannot require its employees to be US citizens.
By law, non-US citizens legally authorized to work in the United States must
be afforded the same employment opportunities as US citizens. While employers
must verify eligibility and identity by reviewing certain documents prescribed
on the I-9 form, they may not ask to see additional documents if the prescribed
documents reasonably appear on their face to be genuine and to relate to the
person presenting them. To do otherwise could lead to a claim for an unfair
immigration-related employment practice.
Penalties for discrimination range between $275 and $2,200 for each victim
for the first offense, $2,200 to $5,500 for the second offense and $3,300 to
$11,000 for the third offense. Fines for document abuse range from $110 to $1,100
for each victim.
Note
- This article was prepared by Merrell Renaud of the Squire, Sanders &
Dempsey of Tysons Corner, Virginia. Ms.
Renaud can be reached at 703.720.7845 or mrenaud@ssd.com