Law & Legal & Attorney Immigration Law

How to avoid immigration related Employment Discrimination

Hiring of illegal immigrants is a big issue. Federal immigration officials are stepping up efforts to crack down on the hiring of illegal workers, but there are steps restaurant operators or employers can take to protect themselves. The steps are:

1. Go for E-Verify: E-Verify is a free online program that allows employers to check employment verification for new hires. E-Verify can establish good faith and it shows that the company is trying to avoid hiring undocumented workers. This system also protects the company from the civil and criminal penalties for non-compliance.

2. Create an internal I-9 training program: ICE officials take a close look at the I-9 forms. I-9 form is required to verify that employees are authorized to work in the United States. If ICE officials find non-compliance or a pattern of identity fraud or employees are not authorized, they may expand their search to other facilities.

3. Don't provide extra facilities: Don't offer housing or transportation to workers who are undocumented. There are also penalties for employers who severe undocumented or illegal workers.

4. Establish a no-match letter protocol: Don't ignore no-match letters. In case there is a problem between employer and worker, try to resolve the problem as soon as possible and keep track of all letters received.

5. Avoid violating anti-discrimination practices: Asking Hispanic workers to provide more documentation than necessary, for example, could be seen as discrimination.

6. Establish a culture of immigration compliance: Put policies in writing to address things like how the company will respond to complaints of identity theft, or reports that an employee is undocumented.

7. Check the documents carefully: Remember that many work authorization documents must be renewed. On the expiration date, you must re-verify employment authorization and record the new evidence of continued work authorization on the I-9 Form. You must accept any valid document your employee chooses to present, whether or not it is the same document provided initially.

8. Avoid fake documents: Use red ink for corrections or updates to I-9 forms as companies review their files. Any new I-9 forms produced should be attached to the old and marked re-accomplished or updated by an authorized company representative. Do not use white out and keep originals.

9. Don't ignore others responsibility: Restaurants don't need to collect I-9s from independent contractors, but contracts should have language that clearly states your company expects compliance with immigration laws. Employers should demand audit rights to make sure contractors working on their premises are documented to work.

10. Arrange an I-9 audit: Hire an outside auditing firm to ensure your company is in compliance.

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