Darned if You Do!
One of the myths of the immigration debate is that employers have the tools to prevent illegal aliens from getting jobs. The myth goes on to say that employers are only giving jobs to illegals because they'd rather pay lower wages to illegals than higher wages to people authorized to work in the US. The truth is generally different: the government has set it up that employers cannot make a judgement upon whether or not someone has a fake set of identificaton.
From the governments very own. EEOC Compliance Manual 13-6-B:
Ok that's clear as mud. Anyway it's an easy job for employers to know whether or not a new hire has proper documents, right? The answer is no. If an employer reviews the documents "too vigourously" they can be sued for discrimination. From the US Senate Republican Study: (page 5)
Another source for the same information: The first paragraph is an error an employer may make that would create a discrimination claim. The second paragraph is the "right" way to do it.
I would propose that it's easier, faster and probably cheaper for someone to get a fake identification than it is to get the real thing. The law is clear that if the ID "looks ok" an employer has to accept it. They MAY NOT contact a government agency for help in determining if the ID is real.
I came across this little tidbit in the LA Times: It doesn't really fit inbut but I had to link to it:
How do we know enforcing the current law won't work? The government certainly hasn't made any effort to do so. And why would one think that they will enforce it now?
Enforcement first, then we'll talk about what to do with the current illegals. Heck if we enforce the current law the problem very well may take care of itself to a great degree.
From the governments very own. EEOC Compliance Manual 13-6-B:
While federal law prohibits employers from employing individuals lacking work authorization, employers who nonetheless employ undocumented workers are prohibited from discriminating against those workers
Ok that's clear as mud. Anyway it's an easy job for employers to know whether or not a new hire has proper documents, right? The answer is no. If an employer reviews the documents "too vigourously" they can be sued for discrimination. From the US Senate Republican Study: (page 5)
"The system is broken because, from the moment the employers begin the paperwork process, the law places them between a rock and a hard place. That is while one provision punishes them with heavy fines if they fail to sufficiently inspect the documents, another provision makes thtem liable for discrimination if they too vigoursly inspect the documents."
"The employer may not refuse to "honor documents tendered by the employee that on their face reasonably appears to be genuine....that section of law also prohibits employer retaliation...against an employee....such as dismissing the employee, even if he suspects him to be and illegal alien, and such retaliation...is considered discrimination per se under the law.
Another source for the same information: The first paragraph is an error an employer may make that would create a discrimination claim. The second paragraph is the "right" way to do it.
Inaccurately concluding that documents are false. To avoid employer sanctions, employer routinely calls government agencies to determine whether documents offered by applicants are legitimate. Employer relies upon information to incorrectly decide that applicant does not have work authorization and refuses to hire him or her.
A better approach: Employer reviews all documents to see if they reasonably appear to be genuine and does not routinely investigate authenticity of documents unless they clearly appear on their face to be false.
I would propose that it's easier, faster and probably cheaper for someone to get a fake identification than it is to get the real thing. The law is clear that if the ID "looks ok" an employer has to accept it. They MAY NOT contact a government agency for help in determining if the ID is real.
I came across this little tidbit in the LA Times: It doesn't really fit in
The number of federal workers who focus on finding illegal immigrants on the job has dropped in recent years, from 240 in 1999 to 90 in 2003.
How do we know enforcing the current law won't work? The government certainly hasn't made any effort to do so. And why would one think that they will enforce it now?
Enforcement first, then we'll talk about what to do with the current illegals. Heck if we enforce the current law the problem very well may take care of itself to a great degree.
Jack Lee
richNJ
QueenZel
Proof
Greg
robert108
Kevin
Gene
