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Navigating the New Form I-9 and DOJ Settlements
August 3, 2023
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As the New Form I-9 was introduced on August 1, 2023, in addition to the remote I-9 alternative options for certain employers, it is crucial for staffing and HR professionals to remain focused on essential Form I-9 compliance requirements. Amid these developments, the avoidance of discriminatory practices during the document review process is paramount, as several companies have recently settled with the Department of Justice (DOJ) due to such practices.
Form I-9 compliance is more critical than ever, with the implementation of the updated form and the availability of remote options. Employers must ensure that they adhere to the necessary regulations and guidelines to maintain a fair and inclusive hiring process. Discrimination during the Form I-9 document review process can lead to severe consequences for organizations, as evidenced by recent settlements with the DOJ.
By staying vigilant and prioritizing compliance, staffing and HR professionals can protect their companies from potential legal pitfalls. A strong commitment to fair and consistent document reviews, along with keeping abreast of the latest compliance updates, is crucial to maintaining a compliant and ethically sound hiring process.
As the landscape of Form I-9 continues to evolve, it is essential to embrace these changes responsibly and ensure that your organization remains on the right side of the law. By fostering a culture of compliance and non-discrimination, companies can build a strong foundation for a diverse and talented workforce while safeguarding their reputation and future success.
Recent DOJ settlement
In a significant development, the Justice Department announced yesterday that it has reached a settlement agreement with three corporate entities: Mr. Glass Doors and Windows Inc., Mr. Glass Doors and Windows Manufacturing LLC, and Powder Coating Technologies LLC (collectively known as Mr. Glass Group). The settlement addresses the department's findings that Mr. Glass Group violated the Immigration and Nationality Act (INA) by engaging in discriminatory practices against non-U.S. citizens during their Form I-9 work authorization document examinations.
Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division emphasized that requiring specific or unnecessary documents to prove work authorization creates an unlawful barrier to employment for eager individuals looking to provide for themselves and their families. The Justice Department is committed to upholding equal opportunity in the workplace and will not tolerate any form of unlawful discrimination.
The investigation revealed that between March 1, 2018, and September 16, 2020, Mr. Glass Group consistently required lawful permanent residents to present a specific immigration document for work authorization verification, solely based on their citizenship or immigration status. Such discriminatory practices are in direct violation of the INA's anti-discrimination provision, which prohibits employers from demanding particular or unnecessary documents based on an employee's citizenship, immigration status, or national origin.
Settlement Fines & Penalties
To resolve this matter, Mr. Glass Group has agreed to pay $120,000 in civil penalties to the United States. Additionally, the settlement mandates that the company undergo personnel training on the requirements of the INA, revise its employment policies to ensure compliance, and be subject to ongoing monitoring and reporting by the Justice Department.
The INA, a federal law, grants all workers the right to choose any valid, legally acceptable documentation to demonstrate their identity and permission to work, regardless of their citizenship, immigration status, or national origin. Employers are prohibited from requesting specific or unnecessary documents based on a worker's background. Many non-U.S. citizens, including lawful permanent residents, are eligible to present the same types of documents as U.S. citizens to prove their work authorization, such as a driver's license and an unrestricted Social Security card. Employers must accept any valid documentation that appears genuine, irrespective of the worker's citizenship status.
The Civil Rights Division's Immigrant and Employee Rights Section (IER) is responsible for enforcing the INA's anti-discrimination provision. The statute aims to prevent discrimination in various aspects, including hiring, firing, recruitment, referral for a fee, unfair documentary practices, retaliation, and intimidation, based on citizenship status and national origin.
This settlement underscores the government's commitment to ensuring fair treatment and equal opportunities for all workers in the United States, regardless of their immigration status. Employers must be vigilant in complying with the INA's requirements to foster an inclusive and diverse workforce. The Justice Department will continue its efforts to combat discrimination and protect the rights of all employees in the hiring process and the workplace.
Improve Compliance with Essential Tools and Practices
Form I-9 compliance is a critical aspect of the hiring process, and cloud-based software can be a game-changer for employers. By utilizing cloud Form I-9 compliance software, employers can establish consistent processes and streamline document reviews, reducing the risk of discriminatory practices during hiring and document reverification.
With ever-changing regulations and rules surrounding Form I-9 and E-Verify, it can be challenging for employers to stay updated. However, with cloud software solutions, staying on top of these updates becomes effortless. Your Form I-9 compliance software provider takes on the responsibility of monitoring employment eligibility and legal requirements, ensuring the software remains up to date with the latest compliance standards. This way, users can complete Form I-9 confidently, without worrying about inaccuracies or procedural errors.
GryphonHR is at the forefront of Form I-9 compliance software, dedicated to maintaining compliance with Form I-9 and E-Verify requirements. Our cloud-based solution streamlines processes, creating a seamless experience for your HR team and employees alike. From simplifying document review to ensuring consistent and compliant procedures, GryphonHR can help your organization maintain a strong compliance foundation while focusing on what truly matters - building a talented and diverse workforce.
Reach out to us today to learn more about how GryphonHR can enhance your Form I-9 compliance efforts and streamline your hiring process. Let us help you embrace the future of HR compliance with confidence.
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With hiring processes more complex than ever, E-Verify offers HR teams a streamlined, efficient way to confirm the work eligibility of new hires. However, navigating the E-Verify system can be overwhelming for HR professionals, especially as legal compliance around employment eligibility intensifies. Fortunately, technological solutions, such as GryphonHR’s platform, make E-Verify faster, more secure, and easier to integrate with existing systems. This guide walks you through the E-Verify process step-by-step, offering insights on how HR technology simplifies each stage for a seamless experience. Step 1: Registering with E-Verify Process Overview To start using E-Verify, your organization must first enroll in the system. Registration is typically straightforward but involves a few important steps to ensure compliance and user security. Steps to Register: Visit the E-Verify Website : Go to the official E-Verify website (www.e-verify.gov) and select the option to "Enroll." Read and Accept the Terms : You will need to review and agree to the program rules, and establish an Enrollment Point of Contact. This person is responsible for managing the E-Verify enrollment process for your company. Enter Company Information : Input basic company details, such as business address, Employer Identification Number (EIN), and industry type. Create User Accounts : Identify which employees will have access to E-Verify. Each will need a secure account with unique login credentials. How HR Technology helps: HR technology solutions can simplify registration by securely storing and managing information required for enrollment, reducing the time spent on administrative tasks. Many HR platforms also integrate directly with E-Verify, allowing for easier user access and management. Step 2: Gathering Necessary Employee Documentation Process Overview To complete an E-Verify check, employees need to provide documents that confirm both identity and eligibility to work in the U.S. Typically, this step involves I-9 Form documentation, such as a passport or a combination of documents (e.g., driver’s license and Social Security card). Note that a Social Security Number is required to create a case in E-Verify. Steps for Documentation Gathering: Complete Form I-9 : Collect the employee's I-9 form and ensure all information is accurate. Verify Acceptable Documents : Cross-check that the documents provided are valid and current. Retain Copies (if applicable) : Although not required by E-Verify, retaining copies of I-9 documents may help with internal recordkeeping. How HR Technology Helps: HR tech tools streamline this stage by incorporating automatic prompts to verify which documents are acceptable, automatically filling out fields, and securely storing these documents to prevent loss and unauthorized access. Step 3: Initiating the E-Verify Process for a New Hire Process Overview Once documentation is ready, you can enter the information into E-Verify to confirm work eligibility. This step involves several sub-steps and should be completed within three days of the employee’s start date. Steps to Initiate E-Verify: Log in to E-Verify : Access your account through a secure connection. Select “New Case” : Start a new case for each employee. Enter Employee Details : Input information from the I-9 form, including the employee’s name, Social Security number, and document numbers. Review and Confirm : Double-check the accuracy of all entries and submit the case for verification. How HR Technology Helps: Platforms that integrate with E-Verify allow HR teams to initiate and complete E-Verify cases without leaving their existing HR system. This integration minimizes data entry errors, reduces manual input time, and allows for real-time tracking. Step 4: Reviewing E-Verify Results Process Overview After submitting a case, E-Verify will typically respond within seconds. There are three potential responses: Employment Authorized : The employee is authorized to work in the U.S. Tentative Nonconfirmation (TNC) : There is an issue with the information provided. HR must notify the employee, who can contest the TNC. Case in Continuance : Additional verification is required. Steps for Reviewing Results: Check Case Status : Log in to E-Verify to view the case results. Follow Up as Necessary : If there is a TNC, notify the employee within the E-Verify timeline and provide guidance for contesting if they wish. Close the Case : Once resolved, close the case in E-Verify. How HR Technology Helps: HR tech systems can set reminders for case follow-ups, and many solutions offer automated notification systems that alert employees to TNCs directly, simplifying the process for both HR and employees. Additionally, systems often include dashboards that make tracking case statuses easier. Step 5: Managing and Auditing E-Verify Records Process Overview Maintaining compliance with E-Verify involves ongoing management and periodic audits. This includes ensuring that all cases are closed, TNCs are resolved, and records are retained as per legal requirements. Steps for Managing Records: Retain I-9 and E-Verify Records : Store all relevant records in a secure location, either physically or digitally. Conduct Regular Audits : Periodically review E-Verify compliance and documentation practices. Close Out Records for Former Employees : Manage inactive employee records per the organization’s policy and E-Verify retention guidelines. How HR Technology Helps: HR tech platforms offer secure storage solutions that automatically organize E-Verify and I-9 records, making audits more efficient. Many systems provide reporting tools to generate compliance reports, track verification timelines, and keep HR teams ahead of regulatory requirements. Navigating the E-Verify process can be complex, but HR tech significantly simplifies it by automating and securing each step, from registration to case management and auditing. By integrating E-Verify into your HR systems, you not only ensure compliance but also create a smoother onboarding experience for employees and a more efficient workflow for your HR team. Whether you’re onboarding a few hires or managing a large team, leveraging HR tech makes E-Verify a fast, reliable process for employment eligibility verification.
Why E-Verify use should be a priority for employers who value workplace integrity, want to bring ease and efficiency to the hiring process, and reduce their legal risks.
Navigate remote I-9 verifications and get expert insights, best practices and more in this guide.
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