Author: Melissa A. Silver, XpertHR Legal Editor
Employers must comply with the Immigration Reform and Control Act (IRCA), which requires that employers verify the identity of their employees and that the employees are authorized to work in the US. The verification process requires that employers and employees fill out a Form I-9, and it is mandatory that the employee provide documentation to the employer verifying his or her identity and work authorization. Hiring an unauthorized worker can expose an employer to civil and criminal penalties.
However, although employers must ensure that they are complying with IRCA by employing an authorized workforce, employers cannot be too overzealous and expose themselves to potential discrimination claims by denying employment to an authorized worker.
Therefore, employers should be vigilant when engaging in the Form I-9 process to ensure an authorized workforce and avoid potential liability by following these guidelines.