Last December, the Department of Justice (DOJ) filed suit against The University of California San Diego Medical Center (UCSD) for an alleged pattern or practice of requesting excessive I-9 documentation. UCSD has now agreed to pay a civil penalty of $115,000 to settle the lawsuit. The University will also be required to conduct supplemental training of its human resources personnel on their responsibilities to avoid discrimination in the employment eligibility verification process, as well as work with the DOJ to ensure compliance with I-9 processes across all its campuses, medical centers, and facilities.
The DOJ investigation preceding the settlement revealed that the UCSD had a policy of requiring all non-citizen new hires to present a List A document, when in fact they should have been given the option to present either a List A document or a document from each of Lists B and C. The University had also been re-verifying the work authorization of lawful permanent residents, which is a violation of the I-9 laws.
I-9 anti-discrimination settlement agreements in the six figures are becoming more and more common. It is with this in mind that employers are reminded to be conscious of possible discriminatory work verification practices. As the I-9 requirements are complicated and confusing to most employers, many find themselves trying to be extra careful in the hiring and verification process. However, employers should proceed with caution, as efforts that are too careful may turn out to be discriminatory, even if only unintentionally. Additionally, healthcare employers in general are particularly prone to I-9 issues, given the relative size of the industry and the diversity of the workforce and job arrangements. Following the I-9 rules across such a diverse entity can be challenging, which is why healthcare employers in particular should pay close attention to their current I-9 practices and evaluate whether changes are needed.
For more information, please contact Melissa Dearing in the Jacksonville office.
University Fined $115,000 for Discriminatory I-9 Practices
