David Berlin, David Spaulding – Counseling the Client Regarding Form I-9 Compliance and Discrimination

Form I-9, Employment Eligibility Verification (“Form I-9”) is used to document identity and work authorization of persons employed in the United States. Every employer is required to correctly execute them within three days of an employee beginning to work for pay but many organizations find the process challenging.

Not all companies have Form I-9 policies and many which do, have not looked at their policies in many years. As a result, they may face significant fines and business interruptions if they are caught up in one of the increasingly common Form I-9 Audits. Advising employers to comply and providing Form I-9 execution training may create significant civil liability though because the federal government aggressively pursues civil actions for discrimination against employers.

A solid understanding of how to assess and rectify Form I-9 compliance issues, while avoiding discrimination claims, is important to attorneys who represent employers and employees and this Continuing Legal Education (“CLE”) course is designed to equip attorneys with a basic understanding of the processes, liabilities, and context of the various enforcement mechanisms they will likely encounter if a client runs afoul of the law.