Tips for employers regarding INA anti-discrimination I 9 form compliance

Tips for employers regarding INA anti-discrimination I 9 form compliance

Written by Sophie Robertson, In Law, Published On
July 21, 2023

The I 9 form is similar to a passport in that it proves eligibility to work in the United States. It’s a basic but crucial piece of paper that confirms an employee’s legal right to work in the United States. You need a passport to enter a foreign nation, and an I-9 form to work legally in the United States. Employers may use the I-9 form to ensure their workforce is representative and compliant with the law. Employees and employers alike may help foster a more equitable and welcoming workplace by filling out this form.

It’s a good reminder that America wants everyone to be treated equally and appreciates immigrants’ contributions. Employers will scrutinize the identification you offer just as rigorously as an airport security check would. It’s a simple procedure that helps shield employers and workers from legal trouble by making sure all parties are on the same page. Complete the I-9 form as a chance to demonstrate your eligibility to work in the United States and help strengthen the country’s workforce. It’s a little improvement that will help make the neighborhood stronger and more welcoming.

What employers must do to comply with the INA’s anti-discrimination rules during the I-9 form-filling procedure?

Employers should take the following measures throughout the I-9 process to guarantee they are in conformity with the INA’s anti-discrimination provisions:

  • Acknowledge the worth of each employee

The I-9 procedure should be applied uniformly and equally to all workers, regardless of their citizenship or nationality. Don’t discriminate against people because of how they seem to be immigrants.

  • Don’t treat people differently

Regardless of a person’s citizenship status or place of birth, employers should not need any particular paperwork or have any varying standards for their employees. The I9 form includes a list of papers that may be used to verify an employee’s identity and eligibility to work in the United States. Employers should let their workers pick from this list.

  • Follow instructions

The directions for the I 9 form should be followed exactly as written, with no exceptions made or extra paperwork requirements imposed by the employer.

  • Instruct HR professionals and supervisors

Ensure that everyone filling out an I-9, including HR, recruiting supervisors, and anybody else, has received training on anti-discrimination legislation and correct form-filling processes. This helps eliminate the possibility of prejudice or unintended wrongdoing.

  • Establish transparent policies

Establish unambiguous guidelines for filling out and filing away I 9 documents to guarantee uniformity and legal compliance. If immigration rules or regulations change, these procedures must be reviewed and revised accordingly.

  • Keep records and document choices

Maintain complete and correct records of the I9 verification process, including all papers checked, decisions made, and subsequent actions performed. The company’s nondiscriminatory policies and procedures will be more credible if they are supported by this evidence of compliance.

  • Consult a lawyer

Legal counsel specializing in immigration law should be consulted if there are any doubts or queries about anti-discrimination duties throughout the I-9 procedure to guarantee compliance with the INA and other relevant rules.

By maintaining compliance with these stages, companies may guarantee that their I9 process continues to encourage fair and equal treatment of all workers, as required by anti-discrimination regulations.

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