Water Well Journal
Issue link: http://read.dmtmag.com/i/767379
Fair Employment Practices (Nondiscrimination) The INA includes provisions that protect U.S. citizens and certain work-authorized individuals from employment dis- crimination based on their citizenship or immigration status. The INA protects all work-authorized individuals from dis- crimination based on national origin, from unfair documentary practices relating to the employment eligibility verification process, and from retaliation. The U.S. Department of Justice enforces the INA's nondis- crimination provisions, and provides the following guidance to help small businesses understand these provisions. Business guide to fair employment (www.justice.gov/sites/default/files/crt/legacy/2011/ 05/20/ee_factsfaces_english2.pdf ) This link goes to a PDF describing employer obligations under the Immigration Reform and Control Act of 1986, and the Immigration and Nationality Act's anti-discrimination provision. Immigration-related unfair employment practices FAQs (www.justice.gov/crt/office-special-counsel- immigration-related-unfair-employment-practices) Under the Featured Items section is a link to Frequently Asked Questions that provide information about anti-discrimi- nation provisions in the INA, and the role of the Department of Justice's Office of Special Counsel for Immigration Related Unfair Employment Practices in enforcing anti-discrimination cases. Verifying the employment eligibility of your employees without committing unlawful discrimination (www.justice.gov/crt/form-i-9-and-e-verify) Tips are offered here to small employers concerning the employment eligibility verification process. No-Match Letters When you send an employee's W-2 form to the Social Security Administration, the employee's name and Social Security number are checked against SSA records. U.S. Immigration and Customs Enforcement, commonly referred to as ICE, will also verify the accuracy of information on I-9 forms. If either or both cannot verify employ information, a "no-match" letter will be sent to you indicating that the employee's name or Social Security number did not match government records. If you get a no-match letter for an employee, avoid taking immediate action against the employee. A no-match letter simply says the employee's information did not match government records—and is not necessarily an indication the employee is ineligible to work in the United States. In fact, firing an employee solely on the basis of a no- match letter may open you up to a discrimination lawsuit. At the same time, if you do not follow up on a no-match letter in a timely manner, you may be cited for knowingly employing an unauthorized worker, which is a violation of federal law. So how do you act on a no-match letter while protecting yourself from legal action from both the employee and the federal government? Current regulations do not provide procedures that help protect an employer from allegations he or she knowingly employed unauthorized workers. ICE, however, has proposed new rules specifying "safe harbor" procedures an employer should follow when receiving a no-match letter. These new rules do not necessarily protect the employer from allegations of discrimination. This resource, Safe Harbor Procedures for Employers Who Receive a No-Match Letter (www.nilc.org/wp-content/up- loads/2015/12/no-match-DHS-finalrule-summary-2008-11- 24.pdf) offers more information about ICE's safe harbor procedures and protecting yourself from allegations of unlawful discrimination. WWJ Alexandra Walsh is the vice president of Association Vision, a Washing- ton, D.C.–area communications company. She has extensive experience in management positions with a range of organizations. Get Business Tools in the NGWA Bookstore Head to the NGWA Online Bookstore at the website of the National Ground Water Association when you're looking for your next business tool to aid your business. You can find cost calculators, contracts, best suggested practices, and more. The calculators are for water well drilling, pump installation, and geothermal drilling. Visit the Online Bookstore at www.NGWA.org when it's time to get your next business tool. Twitter @WaterWellJournl WWJ January 2017 43