Employers are not held liable for any erroneous attestations an employee makes in Section 1 of Form I-9, Employment Eligibility Verification. Rather, you must ensure that the employee checks only one box to complete Section 1. To ensure employees can complete Section 1 accurately, you must provide them with the entire Form I-9, including the Instructions for completing the form.
You must not treat individuals differently because of their selected or perceived citizenship, immigration status or national origin.
You should never demand that employees select a specific attestation nor should you ask for or demand documents for completion of Section 1. Additionally, when completing Section 2 of Form I-9, you should never ask or require employees to show specific documents because of their national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic.
Employees who feel that their employer has violated any anti-discrimination provisions may contact the Department of Justice Immigrant and Employee Rights Section (IER), or the Equal Employment Opportunity Commission for assistance or to file a complaint.
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