HR Professionals Magazine February 2017


February 2017 Issue Highlights

In the Spotlight: Melissa DeVore, SHRM-SCP, SPHR, 2017 Director of Alabama SHRM



breaking news

DOJ Issues Final Rule on Unfair Immigration Related Employment Practices

(January 18, 2017) The Department of Justice (DOJ) issued a final rule on December 19, 2016, that revises the DOJ’s regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related employment practices. Although the rule does not introduce major changes for employers, it is a reminder to review your Form I-9 employment authorization policies. The effective date of this new rule is January 18, 2017.
The final rule updates regulations to ensure effective investigations of unfair immigration-related employment practices. It defines “discrimination” in the context of immigration-related unfair employment practices especially related to the process of completing and retaining the I-9. The statute now requires “intentional” discrimination, which the regulations did not include in the past.
The regulations define “discriminate” to include intent, “the act of intentionally treating an individual differently from other individuals because of national origin or citizenship status, regardless of the explanation for the differential treatment, and regardless of whether such treatment is because of animus or hostility.” This could result in discrimination charges based on the impact of practices not intended to disadvantage anyone in a protected class.
The rule clarifies that workers do not need to experience economic harm. It states that the DOJ can investigate without an employee complaint. The statistical evidence can be based on employers use of E-Verify as the DOJ can use data mining of E-Verify.

As a result of this new rule, employers can expect a rise in employment verification enforcement. To view the new rule click here.

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