SSN Policy Manual

Policy Manual

social security number may properly complete this form if he possesses one of the other documents needed to show employment eligibility. U.S. Department of Justice lmmlaration and Naluralrzatron Servrce r3.W No. 119541% Employment Eliqibility Verification Please read Instructions careful1 before completing this form. The Instructions must be availabja durlng completion oi this form. AMI-DISCRIMINAT~N NOTICE. It is illegal to di~crimlnDtI3 against work ctigibte lndividuak Employers CANNOT specify which document@ they wilt accepl from an employee. The refusal to hire en individual because of a future eexPlrstbn d&e may also consthe 111wel dlecrlmiwtm. Section 1. Employes lnfOrmati0n end Vorification, To be cnrnptetad and slgned by ernpmyee a! Ihe irme employmm begins Pnnl Name Last Flsl ?.%ddle tnlt~cn blx~~den Name

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am Rr Imprisonment androt lines for false shtements or use of false dpcuments in connection wl* the completion of th~s form. that federal provih

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Alternative Documentation It is important to understand that the law prohibits an employer from knowingly hiring an alien who is not authorized to work in the United States and provides for a positive defense if he has made copies of certain documents that the alien provides as proof of his authorization to work in the United States. The law also requires the alien to attest to their authorization under the penalty of perjury. Natural citizens cannot be compelled to prove their authorization to work; the First, Fiflh. Ninth and Tenth amendments of the United States Constitution prohibit the government from requiring a citizen to make an attestation or to attest under the penalty of perjury. As such. you cannot lawfully discriminate against natural citizens who assert their right to work and the law will not protect you when those citizen seek legal recourse against you personally and your company. In fact, if you are not carehl, you could become criminally liable. f i ~r example 18 USC $242 and 42 USC $ 1983 provides that: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; 42 USC $1983 further provides that a violator "shall be liable to the party injured in an actm at law, suit in equity, or other proper proceeding for redress." This sounds like employers are being put into a ridiculously difficult situation, and a<) some degree that is certainly true: on one hand the government seems to be threatening employers who fail to comply with their wishes, and on the other hand they may get sued or even go to jail if they violate the rights of a citizen. However, when employers take the time to carefully study the law, as you are doing here, they discover that the issue is really not that complicated.

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