A California law that takes effect next year prohibits employers from asking for additional documents beyond federal law requirements in the Form I-9 document verification process.
Background: The law, SB 1001, is intended to address immigration-related discrimination in the I-9 employment eligibility verification process. California law already prohibits employers from requesting additional I-9 documents in retaliation for an employee’s exercise of protected rights. The new law addresses similar acts of discrimination in the hiring process.
Under the new law, an aggrieved job applicant or employee may file a complaint with the Labor Commissioner, who may impose fines up to $10,000 per violation and equitable relief.
BAL Analysis: California employers should be aware of the new law and review their I-9 procedures. Among the concerns that the law addresses, employers are prohibited from refusing an employment authorization document (EAD) based on the holder’s status (such as Deferred Action for Childhood Arrivals or other status) or one that has a specified duration (such as an expiration date). BAL can assist employers in conducting a review and compliance audit of their I-9 policies.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@bal.com.
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