New Justice Department Guidelines – Discrimination during Employment Verification

All employers are required to make certain that their workers are authorized to work in the United States. The Justice Department has recently issued guidelines to make certain that employers are not using the verification process to discriminate against employees because of their national origin.

If the Department receives a complaint, the agency will first determine whether the complainant is an authorized worker. If the employee is authorized, the agency will conduct an investigation into whether or not an employer has engaged in unlawful discrimination. When an employer receives a no-match letter from the Social Security Administration or a “tentative non-confirmation” as a result of using the E-Veriffy System, the company must resolve those situations in accordance with the procedures outlined in the Department of Homeland Security’s no-match rule.

Terminating an employee without attempting to resolve the mismatch could result in a charge of national origin discrimination. Employers should also be consistent and treat all employees with name-number mismatches the same. For additional information, go to the Office of Special Counsel website at http://www.usdoj.gov/crt/osc/

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