Watching the thread and as someone that works in Human Resources that's not what I'm seeing (in general).
You say "they should not be given undue burden to prove their eligibility to work" but then build a strawman that is basically "if they aren't given an undue burden, then somehow that is giving them a hiring preference" and somehow this is about hiring illegals. Some even claim it's about punishing the company for not hiring illegals. Neither of which are the case.
The I-9 Federal Eligibility to Work Form has to be completed for all employees AFTER the selection process and as part of the making them an employee process. The I-9 instructions are very clear, there are lists of documents on the back characterized as "A" (establishes identity and eligibility), "B" (identify) and "C" (eligibility). A person can supply one from column "A" OR one from column "B" and one from column "C".
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The choice is the new employees, it is not the employers choice. The employer cannot dictate which documents the prospective employee provides. As long as the documents establish the requirements of one from "A" or one each from "B" & "C".
If the employer is:
- Requiring the legal non-citizen prospective hire provide specific documents, that is against the law.
- Treating citizens differently during the on-boarding process differently (such as taking documents as presented but citizens but requiring specific documents) by legal non-citizens, that is against the law.
- Requiring legal non-citizens to provide additional documents outside the list, that is against the law.
- Intentionally making the hiring process different for citizens and legal non-citizens, that is against the law.
This isn't about forcing the company to hire illegal aliens, it's about having the same non-discriminatory hiring practice for all new hires instead of one for citizens and having onerous and different practices for non-citizens.
WW
[DISCLAIMER: I fully support the hiring of only legally eligible workers. I'd like to see a more efficient eVerify system that provides near-real-time results. And the results of which could stop the hiring process.]