Using the federal government’s E-Verify program to confirm that new hires are eligible to work in the U.S. isn’t required by law. But according to employment law expert Dr. Jim Castagnera, businesses like yours have taken a liking to it, and it may one day become the universal standard for employers.
That’s why it’s important to note that if you participate in E-Verify, you’re required to let all employees and prospective employees know about it by displaying these in a clearly visible place:
- “This Organization Participates in E-Verify” poster, and
- “If You Have the Right to Work, Don’t Let Anyone Take It Away” poster.
In the HRMorning online workshop “Overlooked Posting Requirements That Could Put Your Company at Risk,” Castagnera added that both English and Spanish language versions of the posters need to be put up in the workplace even if you don’t have any Spanish-speaking employees.
The Department of Homeland Security (DHS) offers the posters in additional languages if you need them.
Clarification on ‘right to work’
Because the second poster is commonly referred to as the “Right to Work” poster,
E-Verify employers that are non-union shops may assume that it’s unnecessary for them to display it.
Castagnera emphasized that assumption is incorrect, and it has nothing to do with state right to work laws that address employee unionization. The “Right to Work” poster’s purpose is to protect authorized and eligible workers from discrimination, retaliation or unfair treatment based on their citizenship status, immigration status or national origin, he said.
Other important E-Verify rules
For now, it looks like the feds will continue to be flexible with accepting scanned digital versions of employees’ Form I-9 identity documents. To ensure compliance, Castagnera said, you can request the original documents as soon as the employee is working on-site on a consistent and predictable basis. Just make sure the request is made in a non-discriminatory way.
Some firm E-Verify rules to pass along to your HR team include:
- Don’t use E-Verify to pre-screen an applicant for employment or discriminate based on race, religion, sex (pregnancy, gender identity, sexual orientation), age (40 or over), disability or genetic information
- Cases for newly-hired employees must be made no later than the third business day after they start working
- Don’t create a case for an employee hired before the employer’s signing of an
E-Verify memorandum of understanding - Provide each employee with notice of the opportunity to take action on a tentative non-confirmation (mismatch), where info on Form I-9 form doesn’t match records on file with the Social Security Administration and DHS
- Don’t take adverse action against an employee because he or she received a mismatch, unless E-Verify issues a case result of final non-confirmation, and
- Ensure that all employee personally identifiable information is safeguarded.
For more info on all other employment law notification posters that employers are required to display, visit www.ResourcefulCompliance.com.
