ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser

Rate this Entry

The Office of Special Counsel for Immigration-Related Employment Practices (OSC) issued a Technical Assistance letter on November 1, 2012 to Information Solutions of Lowell, Arkansas concerning an employer's dishonesty policy and acceptance of fraudulent documents from employees in the I-9 process.


OSC initially reminded employers that if it "knows a document to be fraudulent but nevertheless accepts it", it may have violated the law. It also discussed whether a "company policy that deems individuals that presented false documents ineligible for rehire" is lawful. The OSC stated "consistent application of a dishonesty policy would not constitute a per se violation of the antidiscrimination provision."


However, the OSC explained "if an employer rejects a presently work-authorized individual from employment based on the individual's prior undocumented status, that employee might choose to file a charge under the anti-discrimination provision." OSC stated its investigation would focus on whether an employer's "dishonesty policy" is consistently applied to employees who make false representations on their applications for employment or other forms without regard to citizenship status or perceived national origin, and whether the employer's claimed reason for termination is in fact a pretext for citizenship status discrimination.


This is a timely reminder on the importance of having consistently-applied policies concerning dishonesty. This is especially true as many individuals receive work authorization cards through DACA and may be presenting their card to their present employer.  


 

Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to Facebook Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to Twitter Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to Google Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to StumbleUpon Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to Reddit Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to Digg Submit "OSC issues Letter on Application of Employer's Dishonesty Policy and Fraudulent Documents; by Bruce Buchanan, Siskind Susser" to del.icio.us

Tags: None Add / Edit Tags

Comments

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: