An amendment to the Labor Code makes it an unlawful employment practice for an employer to request more or different documents than required under federal law:
- to verify that an individual is not an unauthorized immigrant, or
- to refuse to honor documents tendered that on their face reasonably appear to be genuine,
- refuse to honor documents or work authorization based on specific status or term that accompanies the authorization to work, or
- to attempt to reinvestigate or re-verify a current employee’s authorization to work using an unfair immigration-related practice.
Under the new legislation, job applicants and employees who suffer an “unfair immigration-related practice” can file a complaint with the Division of Labor Standard Enforcement ( DLSE or Labor Commissioner) for enforcement of this law. A violation of these provisions can result in a penalty to the employer of up to $10,000.
Employers should carefully review the new I-9 form that has been issued and the guidelines published by the USCIS to understand the documents and procedures to verifying eligibility to work in the United States.
(SB 1001 adds Section 1019.1 to the Labor Code).