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Home>Employee Hiring>New Justice Department Guidelines – Discrimination during Employment Verification

New Justice Department Guidelines – Discrimination during Employment Verification

Posted on August 13, 2008 by Cathy Baniewicz

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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Reader Interactions

Comments

  1. Mike says

    July 5, 2009 at 8:25 am

    Is there any changes in the guidelines now during Obama’s rule? – Mike
    .-= Mike´s last blog ..Science and it’s quirks =-.

  2. Gomen says

    September 29, 2009 at 1:17 pm

    Unless someone was verbally said or something was recorded, what fruits will an investigation provide?

  3. Recruiter Bill says

    December 6, 2009 at 4:47 pm

    A lot has changed since this was first posted. The need to for solid procedures that are reviewed regularly has never been greater.

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