Burr & Forman

09.3.2019   |   Articles / Publications

HR.com: Are Employers Asking for Too Much Information from Job Candidates?

In an article published on July 17 on HR.com, Nina Maja Bergmar discusses unlawful discrimination via unfair documentary practices.

According to Bergmar, since President Trump took office in January of 2017, many practitioners have noted an uptick in the number of investigations launched by the Department of Justice’s Immigrant and Employee Rights Section (IER) into employers’ Form I-9 practices.

IER receives and investigates discrimination charges related to so-called “unfair documentary practices” brought pursuant to the Immigration and Nationality Act (INA). INA defines “unfair documentary practices” as “request[ing] more or different documents than are required to verify employment eligibility, reject[ing] reasonably genuine-looking documents, or specify[ing] certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin.” Hence, constituting a form of unlawful discrimination.

“Employees who suspect their employer of committing unfair documentary practices may file a charge of discrimination with the IER,” Bergmar emphasizes. With even one IER charge, a large-scale IER investigation into the employer’s Form I-9 practices can be opened.

The immigration law landscape is complex and rife with potential traps for employers. The current administration has made enforcement of the INA’s various provisions a priority, therefore employers should pay extra attention to their onboarding and Form I-9 practices.

For the full article, you may click here.

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