For employers, verifying a new hire’s authorization to work in the U.S. is a crucial step in the onboarding process. However, it’s important to understand the legal boundaries surrounding this verification to avoid potential discrimination or “unfair documentary practices,” which can result in costly penalties.
Why Compliance Matters in Employment Verification
Employment verification requirements are essential, but companies must conduct them fairly and consistently. The U.S. Department of Justice (DOJ) recently settled a case with Maxim Healthcare Services over alleged discrimination in their hiring process. According to the DOJ, Maxim was found to have engaged in unfair practices by applying different standards to verify work authorization based on citizenship status.
The DOJ’s investigation revealed that Maxim refused to accept an employment authorization document from a non-citizen because the worker’s last name differed from the name on her other documents. For U.S. citizens, however, the company reportedly accepted similar discrepancies without issue. This inconsistency led to a settlement, requiring Maxim to pay civil penalties, back pay, and comply with further compliance training and monitoring.
Avoiding Verification Pitfalls
Employers can avoid similar pitfalls by adhering to these best practices:
- Use Standardized Procedures: Follow the same verification process for all employees, regardless of their citizenship status.
- Avoid Over-Documentation: Refrain from asking for extra or alternative documents beyond those required by Form I-9.
- Train Your Team: Regularly train HR staff on fair hiring practices and Form I-9 compliance to prevent unintended biases.
➡️To simplify this process, CTR Payroll | HR offers easy I-9 completion directly within our onboarding process, along with integrated E-Verify services. These tools help verify employee eligibility quickly and accurately, reducing the risk of non-compliance while making onboarding seamless for you and your new hires. Contact us!
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