"Employers that demand documents proving citizenship or immigration status after hire risk discrimination claims. Demanding immigration or citizenship documents after the fact, combined with an adverse employment decision, gives the appearance of immigration-related national origin discrimination. This is one reason why employers should demand these documents at the time of hire and not later. Once an employee accepts an offer for employment, Section 1 of the 1-9 Form should be completed on the first day of work and Section 2 no later than the 3rd day"...More here.The article discusses a recent case regarding Immigration Discrimination and offers these tips to help prevent such discrimination in your workplace (taken from the article):
Review your documentation requirements to ensure that they are practiced with consistency and do not require more or different documentation than required by law.
If documentation looks genuine, do not overly scrutinize it or demand different documents.
Train your managers, supervisors and all employees who participate in hiring, firing and working with immigrants that the discrimination laws, including the laws prohibiting national origin discrimination, extend to immigrants including non-citizens of the United States.
At the same time, establish standards to make certain to only hire authorized individuals, whether U.S. citizens or not. This would include making certain that all new hires complete I-9 forms properly. Document your due diligence when determining immigration status.
Retaliation against employees for exercising rights under the INA is prohibited. Make sure to train all employees about anti-retaliation laws. Take all complaints seriously and investigate immediately.
Investigate if termination or resignation of immigrants is high under particular managers.
Remember that employers must also comply with all applicable state laws protecting immigrants.