February 4, 2025
The Justice Department (DOJ) recently reached an agreement with a restaurant group based in Minnesota. This agreement resolved a determination by the department that the group discriminated against lawful permanent residents during the employment eligibility process (Form I-9). According to the Justice Department, the group required these residents to provide more documents than legally required.
Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division stated, “It is unlawful for employers to impose additional or unnecessary requirements on employees because of their citizenship status when checking their permission to work.” She also said, “Discriminatory treatment during any step of the employment process harms workers who are lawfully participating in our economy and can deprive employers of their talents.”
The lawsuit revealed that the DOJ’s Civil Rights Division’s Immigrant and Employee Rights Section (IER) investigated the claims against the restaurant group. According to their findings, the group regularly required lawful permanent residents to provide unnecessary documentation. This practice continued even after the residents proved their right to work due to their citizenship status.
Lawful permanent residents may provide various approved documentation when completing their Form I-9 to prove their right to work in the United States. As such, the Immigration and Nationality Act (INA) protects these residents from discrimination during the employment eligibility process. During the verification process, the INA bans employers from requesting specific or unnecessary to prove a worker’s right to work in the United States.
All workers may present any acceptable documentation when proving their employment eligibility. The employment eligibility verification process offers two avenues for establishing their right to work. First, workers may present one document from List A of the Form I-9 Lists of Acceptable Documents. Otherwise, they can choose one document from List B and another from List C from the same Form I-9 list. Employers cannot reject the acceptable documentation a worker presents as long as it appears genuine and relates to the worker.
The settlement terms with the restaurant group require the group to pay a civil penalty of $95,000, train its employees about the requirements of the INA, revise its employment policies, and accept monitoring by the DOJ. This case shows the importance of properly completing the employment eligibility process to avoid fines and penalties. One way to ensure compliance when completing Form I-9 is to incorporate an electronic I-9 management system into the onboarding process. This system helps employers correctly complete Form I-9 by providing step-by-step guidance, digital storage, and helpful reminders of when to take further action.
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