It is important for employers to allow all employees to choose which I-9 documents to provide.
Employers Beware I-9 Discrimination.
The Department of Justice filed recently a lawsuit against two employers, claiming they engaged in discrimination against U.S. citizens and non-citizens in their I-9 practices. The complaint alleges that the employers requested identification and Social Security cards from U.S. citizens, while at the same time requested immigration documents from non-citizens. Under the INA, all employees may choose which of the accepted documents they wish to use to prove their identity and authorization to work. Employers need to be mindful of making all I-9 document options clear to employees and allowing employees to choose which to provide. Not doing so can expose employers to federal investigation, lawsuits, and civil penalties.