I-9 Antidiscrimination Protections

Background Information

In 1986, Congress enacted the Immigration Reform and Control Act (IRCA). IRCA made it unlawful for an employer in the United States to knowingly hire a worker who is not authorized to work in the U.S. The 1986 law established a procedure that employers must follow to verify that employees are authorized to work in the U.S. The federal government created Form I-9, the employment eligibility verification form, which employers must complete for all new employees.

What Worker Advocates Should Know About I-9 Audits (2-pager, PDF) (7/09)

The I-9 Process and Antidiscrimination Protections in the INA (PDF) (updated 9/09)

Advocates’ Quick Guide to the Handbook for Employers (2/10, PDF)

Know Your Rights about the Revised Form I-9 (1-pager, PDF) (updated 9/09)

Citizenship Discrimination (PDF) (4/09)

Document Abuse (PDF) (4/09)

Proving Work Authorization and Reverification (4/09)

Reverification of Employment Eligibility: Frequently Asked Questions (2/10)

Filing an Employment Discrimination Charge: A Do-It-Yourself Packet for Immigrant Workers (PDF) (4/09)

CHART: Federal Employment Discrimination Laws (PDF) (6/23/09)

♦♦ Information from the Federal Government

I-9 Employment Eligibility Verification Form:
Revision of December 2008 (Announcement of Interim Final Rule)

Documents Acceptable for Employment Eligibility Verification, 73 FR 76505-17 (Dec. 17, 2008). (Interim rule with request for comments. Comments deadline: Feb. 2, 2009.)
U.S. Citizenship and Immigration Services (USCIS) update (12/12/08)
USCIS Questions & Answers (12/12/08)

Look at the Facts, Not at the Faces: Your Guide to Fair Employment

Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, U.S. Dept. of Justice

You Have the Right to Work; Don’t Let Anyone Take It Away: Real Life Stories That Can Help You