Retailer Lawsuits Focus on Anti-Discrimination in Form I-9

Two recent settlements for U.S. retailers found that the companies, in their diligence at authorizing employee working credentials, used methods which violated the anti-discrimination provisions of Form I-9 requirements. The 1986 Immigration Reform and Control Act prohibits employers from asking for more or different documents than the act requires, asking for specific documents, applying the Form I-9 requirements differently to various applicants, and limiting applicants to just U.S. citizens absent legal justification. When Forever 21 demanded employees provide a green card, and when Macy’s demanded documentation other than those the I-9 requires, the stores violated those anti-discrimination parameters, the courts said.