New York Employment Lawyer Blog

Pursuant to federal law, it is unlawful for any employer to knowingly hire a worker who is not authorized to work in the United States. To comply with the law, employers are required to verify the identity and employment eligibility of all employees by completing the I-9 Employment Eligibility Verification Form ("Form I-9") for each new hire. The law requires that the employer complete a Form I-9 for all new hires, regardless of whether employer believes the new hire is undocumented. In fact, employers are required to verify the employment eligibility of all employees within three days of hire and must retain the completed Form I-9 for at least three years or one year after employment terminates, whichever is later.

The Immigration and Nationality Act ("INA") contains an anti-discrimination provision, which protects employees against document abuse discrimination as it relates to Form I-9. Document abuse discrimination occurs when an employer improperly requests that an employee produce more documents than are required by Form I-9 to establish the employee's identity and employment authorization. It can also occur when an employer improperly requests that an employee present a particular document, such as a "green card," to establish identity and/or employment authorization, when an employer improperly rejects documents that reasonably appear to be genuine and belong to the employee presenting them, or when an employer improperly treats groups of applicants differently when completing Form I-9, such as requiring certain groups of employees who look or sound "foreign" to produce particular documents the employer does not require other employees to produce.

As long as the documents presented are listed on the list of acceptable documents and appear to be genuine on their face and to relate to the person, the employer must accept them. Failure to do so constitutes illegal document abuse discrimination.

The INA's provision against document abuse discrimination covers employers with 4 or more employees, and protects all employment-authorized individuals.

If an employer is found to have engaged in document abuse discrimination under the INA, the employer may be ordered to hire or reinstate, with back pay, individuals directly injured by the discrimination, post notices to employees about their rights and about employers' obligations, and/or educate all personnel involved in hiring about complying with the anti-discrimination laws. The court may also award attorney's fees to prevailing parties if it determines that the losing parties' argument is without foundation in law and fact.

For more information and/or assistance with respect to the I-9 process as well as the anti-discrimination provisions contained in the INA, please contact a New York employment attorney today.

New York State recently passed the nation's first law protecting the rights of domestic workers, The Domestic Workers Bill of Rights, effectively amending New York State's current labor law.

The new law creates guidelines for employers of housekeepers, nannies and other workers in an industry that is unregulated and without clearly defined work benefits. Up until now, domestic workers had virtually no recourse when their employers exploited them, discriminated against them, or even sexually harassed them.

New York's new law entitles all domestic workers to the same rights and benefits as workers in other industries, like standardized work weeks, temporary disability benefits, unemployment insurance, overtime pay, protection from employment discrimination and paid days off after a set term of service.

If you feel that your employer is violating your rights, it's imperative to contact an employment attorney as soon as possible.