North Carolina Refugee and Social Services Conference 2013 Carol Brooke Workers’ Rights Project, NC Justice Center

Common Issues Lack of understanding of refugee documents Expiration of documents Discrimination Misuse of E-Verify

E-Verify All NC employers with more than 25 employees now required to use E-Verify (unless work is for less than 90 days). Only after a job offer is made and after Section 1 of the I-9 filled out. If refugee or asylee has no SSN, employer should delay doing E-Verify until it arrives. Once the I-9 form is complete, the person can work even without an SSN. Can’t be used for re-verification of existing employee unless federal contract requires it.

Tentative Nonconfirmation Sign document asking for appeal. Employer should provide referral letter to Department of Homeland Security or Social Security Administration. Make sure employee information in the referral letter is correct. Worker has 8 business days to visit SSA or contact DHS to correct the tentative nonconfirmation Can’t be fired or have action taken against you while trying to fix the problem. Employer will tell worker of final E-Verify result.

I-9 Form and the Hiring Process No I-9 until job offer accepted Employer has 3 days after work starts to complete the I-9 Employee chooses which documents to provide

I-9 Form and the Hiring Process (continued) The employer must accept documents that reasonably appear to be genuine The employee may present one document from List A, or one document from List B and one document from List C

Receipt Rule Can provide receipt instead of document in 3 situations: Receipt for application of replacement document (valid for 90 days) I-94 with temporary I-551 stamp and photo (valid until expiration of stamp, or for one year from issuance of I-94) I-94 with unexpired refugee admission stamp (valid for 90 days)

I-9: Section 1

Re-verification Expired documents (like work permits) may be re- verified, except for green cards Employees may present documents of their choosing to re-verify their status Asylees who present an I-94 as a List C document should not be re-verified Refugees who present an EAD as a List A document do need to re-verify, but not if it is a List C document List B documents never have to be re-verified

How to Complain Contact the Office of Special Counsel within 180 days for: Document abuse Citizenship status discrimination National origin discrimination (if 4-14 employees) Contact the EEOC within 180 days for National origin discrimination (15 or more employees) Race, religion, age, sex, disability discrimination

Employment Discrimination  National origin discrimination  Citizenship status discrimination  Document abuse  Religious Discrimination  Racial Discrimination  Sex Discrimination  Discrimination related to disability  Retaliation

National Origin Discrimination Accent discrimination Harassment because of a worker’s country of origin, perceived country of origin, or association with people of a particular country of origin English-only policies

English-Only Policies Blanket prohibition against speaking other languages Rules requiring English at certain times (e.g., while having work-related conversations)

Citizenship Status Discrimination Discrimination against non-US citizens (or someone the employer thinks is not a US citizen) Discrimination against US citizens Discrimination based on immigration status Discrimination based on the type of work authorization

Document Abuse Employer requests more or different documents Employer requests certain documents Employer rejects reasonably genuine- looking documents

Retaliation Retaliation prohibited for asserting rights under antidiscrimination statute or assisting with an investigation Employer may not intimidate, threaten, coerce, or retaliate against a person for the purpose of interfering with asserting rights or assisting with an investigation

SSA No Match Letter sent to employers or employees Purpose of letter to correct earnings records

What to Do Ask for a copy of the letter Do not quit Tell employer they will look into issue Verify employer properly recorded name and SSN as it appears on documents

If worker is fired: Remind employer that letter states adverse action should not be taken and re-verification should not take place Worker may have valid complaint with OSC or EEOC

Resources Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) , ml ml Equal Employment Opportunity Commission (EEOC)

Resources (continued) National Immigration Law Center North Carolina Justice Center Carol Brooke