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E-Verify and Immigration-Related Employment Discrimination

E-Verify and Immigration-Related Employment Discrimination. Beth Coonan BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2408 Facsimile: 515-323-8508 E-mail: coonan@brownwinick.com. What is E-Verify?.

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E-Verify and Immigration-Related Employment Discrimination

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  1. E-Verify and Immigration-Related Employment Discrimination Beth Coonan BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2408 Facsimile: 515-323-8508 E-mail: coonan@brownwinick.com

  2. What is E-Verify? A partnership between the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) that permits employers to electronically verify the employment eligibility of newly hired employees and existing employees assigned to work on certain federal contracts.

  3. What is New? • It is now mandatory in some jurisdictions. • Form I-9 Audits are on the rise. 3) Risk of Discrimination.

  4. Who is using E-Verify? • Federal Contractors (FAR) • 18 states require the use of E-Verify. • Iowa is NOT one of them. • Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee and Utah require, or will require, E-Verify participation of most or all employers.

  5. Who is using E-Verify (Cont.) • Florida, Idaho, Indiana, Minnesota, Missouri and Nebraska require public employers and state contractors to use E-Verify. • Virginia requires all public employers to use E-Verify. • Colorado requires all state contractors to use E-Verify.

  6. An arduous process requiring employers to, upon 3 days notice from DHS, provide original I-9 documents for all current and former employees whose employment terminated within the last 3 years. The I-9 Inspection/Audit

  7. History of Inspections/Audits • 2008 – ICE issued a total of 503 notices of inspection for the entire year. • July 1, 2009 – ICE issued notices of inspection for 652 businesses; launches new strategy to build criminal cases against businesses.

  8. History of Inspections/Audits (Cont.) • 2010 – 2,196 notices of inspection issued. • 2011 – More than 2,393 notices of inspection have been issued this year. The Administration has shifted its focus away from the Employee and is now focusing on the conduct of the Employer.

  9. Inspections and E-Verify E-Verify can assist a Company to determine whether an employee is authorized to work in the U.S. E-Verify can serve as positive evidence if implemented prior to a Form I-9 audit.

  10. Discrimination Employers have a duty not to discriminate against any employee based on that employee’s national origin or citizenship.

  11. Discriminatory uses of E-Verify Use of E-Verify as a screening tool. Use of E-verify to satisfy a curiosity about an employee’s authorization. Use of E-verify on a selective basis.

  12. Discrimination Penalties Fines Damages …

  13. Is E-Verify right for your Company? It depends….. If your company has a centralized HR function with an individual who can be tasked with tracking E-Verify requests in a timely manner, it might be a good option. If your company does not have a centralized HR function in place, compliance with the program might prove difficult. If you are a federal contractor, you may not have a choice.

  14. Website: www.brownwinick.com Toll Free Phone Number: 1-888-282-3515 OFFICE LOCATIONS: 666 Grand Avenue, Suite 2000 Des Moines, Iowa 50309-2510 Telephone: (515) 242-2400 Facsimile: (515) 283-0231 616 Franklin Place Pella, Iowa 50219 Telephone: (641) 628-4513 Facsimile: (641) 628-8494 DISCLAIMER: No oral or written statement made by BrownWinick attorneys should be interpreted by the recipient as suggesting a need to obtain legal counsel from BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not attempt to solve individual problems upon the basis of general information provided by any BrownWinick attorney, as slight changes in fact situations may cause a material change in legal result.

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