A large clothing retailer recently entered into a settlement agreement with the Department of Justice (DOJ) following an allegation that the company discriminated against a non-US citizen in violation of federal immigration laws, including the Immigration and Nationality Act. The employer required the employee to produce a green card as part of the I-9 process. As a reminder, employers are not permitted to ask for a specific form of identification when collecting I-9’s. Employees can choose from the available options on the form, and employers must take what they get. The DOJ settlement includes a hefty back-pay award and DOJ monitoring of the company’s employment verification practices for the next two years. Companies should reevaluate and monitor their I-9 verification and re-verification practices.

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