Cutting the Gordian Knot: Requirements for Electronic I-9 Storage

Workforce Management
By Eileen M.G. Scofield and Kyle R. Woods
July 2010
Commentary: Public Law 108-390 amended the Immigration and Nationality Act to allow electronic signature and electronic storage of I-9 forms, but the regulations implementing it have created a web of confusion.

In 2004, Congress passed Public Law 108-390, a short piece of legislation—less than half a page in length—amending the Immigration and Nationality Act (INA) to allow electronic signature and electronic storage of I-9 forms, which employers use to verify an employee’s identity and to establish that the worker is eligible to accept employment. At the time, the amendment was viewed as a progressive step toward taking advantage of modern technology and processes. Many believed it would simplify the I-9 verification process.
Unfortunately, while Congress opted for brevity and simplicity in the amendment, the regulatory agencies opted for complexity, issuing regulations to implement the statute that are lengthy, cumbersome, difficult to understand and at times contradictory. To complicate matters even further, auditors are also unfamiliar with the regulations and may demand documents that the employer is not strictly required to store or produce.

Full Story: http://www.workforce.com/archive/feature/legal/cutting-gordian-knot-requirements-electronic-i-9/index.php

Justice Department Settles Employment Discrimination Suit Against John Jay College

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, May 19, 2010

Justice Department Settles Employment Discrimination Suit Against John Jay College

WASHINGTON – The Justice Department announced today that John Jay College, a New York City public college in the City University of New York (CUNY) system, has agreed to pay $23,260.00 in civil penalties and $10,072.23 in back pay to a former employee in order to settle a lawsuit filed by the Justice Department on April 15, 2010. The lawsuit alleged that John Jay College engaged in a pattern or practice of citizenship status discrimination by requesting documents issued by the Department of Homeland Security (DHS) from non-U.S. citizens, but not from U.S. citizens, during the employment eligibility verification Form I-9 process.
As part of the settlement, John Jay has also agreed to train its recruitment personnel on their responsibilities not to discriminate, implement a policy prohibiting discrimination on the basis of citizenship status, and provide periodic reports to the Department of Justice for three years.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the Civil Rights Division, which conducted the investigation in this matter, will continue to monitor John Jay College to ensure compliance with the settlement agreement. OSC is responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (INA), which protect U.S. citizens and certain work-authorized individuals from citizenship status discrimination. The INA also protects all work-authorized individuals from national origin discrimination, over-documentation in the employment eligibility verification process, and retaliation.
"All workers authorized to work in the United States have the right to look for a job without encountering discrimination because of their immigration status or national origin," said Thomas E. Perez, Assistant Attorney General for Justice Department’s Civil Rights Division. "We are pleased to have reached the settlement with John Jay College, and look forward to continuing to work with all employers, both public and private, to educate them about the protections and obligations under the law."
For more information about protections against employment discrimination under the immigration laws, call 1-800-255-7688 (OSC’s worker hotline) (1-800-237-2525, TDD for hearing impaired), 1-800-255-8255 (OSC’s employer hotline) (1-800-362-2735, TDD for hearing impaired), or 202-616-5594. Email osccrt@usdoj.gov, or visit the website at http://www.usdoj/gov/crt/osc.
10-591
Civil Rights Division
http://www.justice.gov/opa/pr/2010/May/10-crt-591.html