E-Verify a source of bias complaints: Truth or myth?
August 21, 2009 by Kerry IsbergPosted in: Employment law, In this week's e-newsletter, Latest News & Views
The story going around is that if a multi-state employer uses E-Verify to validate the work eligibility of some new hires, it must use the system companywide or risk being hit with a discrimination lawsuit. True or false?
Fortunately, that’s not true, Amy Lawson, associate chief, Verification Division, U.S. Citizenship and Immigration Services, told attendees of the American Payroll Association’s Annual Congress.
Multistate employers have the option. If companies have worksites in several states with differing laws, management can determine whether it wants to have the entire company using the E-Verify system or just those worksites required by state law.
Right now, more than half of states have laws requiring the use of E-Verify in some circumstances, whether for public entities or those doing business with the states.
The confusion for multi-state employers has occurred because generally, employers must use E-Verify:
- at all worksites in states that require its use (i.e., Arizona and Mississippi), and
- for all new hires so there’s no discrimination.
Federal contractors are preparing for a requirement to begin using the system in September, although that rule has been delayed several times.
Tags: American Payroll Association, Amy Lawson, e-verify, U.S. Citizenship and Immigration Services
August 24th, 2009 at 1:20 pm
This is GREAT information and very timely with just a few days before the federal contractors rule for E-Verify goes into affect.
There are actually several parts of the employment eligibility verification process that are conflicting such as the rule that an employer MUST NOT tell and employee which documents to present or risk discrimination charges HOWEVER the law also says that if an employer is using E-Verify the List B document MUST contain a photo. No one seems to have an answer for how to handle the situation if the employee chooses to not present a document with a photo. The law requires that if you use E-Verify for one employee you must use it for everyone so the employer must E-Verify the person but cannot ask for the document with a photo?
August 24th, 2009 at 3:33 pm
Camille,
The user agreement and training associated with signing up for E-Verify explains the difference in rules regarding List B documents presented applies to E-Verify participants. If a new hire presents a List B without a photo, it is not an acceptable document, and the same procedures for any other unacceptable document would apply.
Key is the E-Verify participant list of acceptable documents is not the same as non-E-Verify participating employers, so the rules do no apply reciprocally.
August 24th, 2009 at 5:09 pm
We use E-Verify for all new hires — seems the safest and easiest. Yes, we’ve lost a few new employees when they didn’t pass muster, but since we have never knowingly hired illegal workers, we’re fine with that.
August 24th, 2009 at 6:35 pm
I don’t agree. The rules for use are inconsistent.
2.1 The Rules of Use
#2 Form I-9 requirements remain the same except that all List B identity documents must bear a photograph.
#6 Employers may not request that the employee use certain documentation for Form I-9 or E-Verify purposes.
The Form I-9 contains only the list of acceptable documents, there is no “special” list of acceptable documents for E-Verify purposes. The rules remain inconsistent and confusing.
August 31st, 2009 at 10:52 am
Yes, it confusing and implementation is right around the corner. I am interested in knowing the correct answers presented above.
September 1st, 2009 at 9:42 am
We have been using E-Verify for two years. It is not a big issue. My concern is in the new ruling for Federal Contractors. We must now E-Verify current employees who are working on Federal Contracts issued on/after September 8. Does this include indirect labor and administrative employees also?