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Immigration Law

: Greg Siskind's Blog

JUSTICE DEPARTMENT GIVES BLESSING TO NO MATCH RULE

By Greg Siskind

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Concerns about whether complying with the safe harbor provisions of the No-Match rule released today by DHS will expose employers to liability under IRCA's anti-discrimination rules (which are enforced by the Justice Department) have been addressed in a statement published by DOJ online today:

An employer that receives an SSA no-match letter and terminates employees without attempting to resolve the mismatches, or who treats employees differently or otherwise acts with the purpose or intent to discriminate based upon national origin or other prohibited characteristics, may be found by OSC to have engaged in unlawful discrimination. However, if an employer follows all of the safe harbor procedures outlined in DHS?s no-match rule but cannot determine that an employee is authorized to work in the United States, and therefore terminates that employee, and if that employer applied the same procedures to all employees referenced in the no-match letter(s) uniformly and without the purpose or intent to discriminate on the basis of actual or perceived citizenship status or national origin, then OSC will not find reasonable cause to believe that the employer has violated section 1324b?s anti-discrimination provision, and that employer will not be subject to suit by the United States under that provision.

Full post as published by Greg Siskind's Blog on October 23, 2008 (boomark / email).