Can You Spot E-Verify Discrimination?

THE FOLLOWING ARE POTENTIALLY DISCRIMINATORY PRACTICES FOR FEDERAL CONTRACTORS REQUIRED TO USE E-VERIFY:

TRUE OR FALSE?

1. Terminating/suspending workers who choose not to contest a Tentative Nonconfirmation (TNC).
2. Using E-Verify to pre-screen applicants.
3. Ensuring that Form I-9 List B documents have a photo.
4. Clearly displaying the English and Spanish 'Notice of E-Verify Participation' and the 'Right to Work' posters.

(Answers at the bottom)

The E-Verify Federal Contractor Rule

On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a Federal Acquisition Regulation (FAR) final rule (FAR case 2007-013, Employment Eligibility Verification) that implements the amended Executive Order 12989. The FAR is a set of rules and regulations used to manage the way the federal government acquires supplies and services with appropriated funds.

The FAR final rule, known as the E-Verify federal contractor rule, directs federal agencies to require many federal contractors to use E-Verify to electronically verify the employment eligibility of their employees. It requires federal contractors, through language inserted into their federal contracts, to agree to use E-Verify to verify the employment eligibility of all persons hired during a contract term, as well as current employees who perform work under a federal contract within the United States. The rule's requirements to include language on E-Verify in federal contracts took effect on September 8, 2009.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please call 1 (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Answers

1.     False - If an employee chooses not to contest a TNC, the employer may terminate the employee based on E-Verify without civil or criminal liability. This practice must be consistently applied.

2.     True - E-Verify may not be used to pre-screen employees - such action may violate the anti-discrimination provision of the Immigration and Nationality Act.

3.     False - Any 'List B' document presented to a federal contractor participating in E-Verify MUST contain a photo.

4.  False - Federal Contractors participating in E-Verify MUST clearly display both the English and Spanish