The Department of Justice has announced that it has settled allegations of discrimination in the I-9 process with SK Food Group. The company had been requiring non-citizens to provide specific documents to prove their work eligibility but not making the same demand of U.S. citizens. In addition to paying $40,500 in penalties, the employer will pay back wages to anyone suffering lost wages as a result of the company’s actions. The company will also engage in additional HR training and be subject to oversight on its I-9 process for a year.
Tips: Remember that during the I-9 process, employers must allow new employees to choose what documents they want to provide, either from list A alone or from lists B and C combined. It is also very important to fill out all the required sections on the form about the provided documents and not solely rely on attaching photocopies of employees’ documents. Vigilant will be hosting a series of I-9 Form Workshops this year; for details contact a regional office near you. For more helpful information, see our Legal Guide, “At a Glance: Form I-9” (5486).
This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.