I-9 Violations Costly for Employers

Navigating the I-9 process can be difficult and mistakes or violations can be costly. The Justice Department today reached a settlement agreement with Farmland Foods Inc., a major producer of pork products in Kansas City, MO, resolving allegations of document abuse and discrimination in violation of the anti-discrimination provision of the Immigration and Nationality Act (INA).   Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the INA’s anti-discrimination provision in 1986.  The DOJ stated that Farmland engaged in discrimination by imposing unnecessary and excessive documentary requirements on non-U.S. citizens and foreign-born U.S. citizens during the I-9 employment eligibility verification process. The investigation revealed that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens at its Monmouth, Ill., plant to present specific and, in many cases, extra work-authorization documents beyond those required by federal law. In the case of non-U.S. citizens, Farmland required the presentation of additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority. In the case of foreign-born naturalized U.S. citizens, Farmland required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority. Farmland’s demand for specific or excessive documents to establish work authority.

Our attorneys conduct I-9 trainings for employers and human resources personnel.  If you are interested in a training or have questions about the I-9 form please contact our office at info at harms-law.com.