Employers: Remember that law requires use of new I-9 forms

If you haven't been using the new form I-9 since the day after Christmas, you've been in violation of the law. The U.S. Citizenship and Immigration Services branch of Homeland Security announced in November that the new form was available and was to be put into use beginning Dec. 26. This is the first major change to the form in 20 years.

If I've put you into a panic, set aside the reading of this article and go to your computer. But, please do come back as I have some more information that you will find valuable. Make sure you have Adobe Acrobat Reader downloaded, as you will need it to see and print out the forms. Get online and go to the official website: www.USCIS.gov/. When the site comes up, click on "Immigration Forms" at the top of the page. Some introductory information will appear, beneath which is a very, very long list of available forms. The list is alpha-numeric, so keep scrolling until you get to the first "I" form then slow down. When you get to the I-9 form, stop. On the left side of the list the actual names of the forms are listed. You need to click on "Employment Eligibility Verification." If you have an older version of Adobe, it may give you a message that you need to update. I got the message, but I was still able to open the documents and print them.

As the Web site instructs, you may use photocopies of the form that you printed. You must include both sides of the form, and every employee that you hire must be given a copy of the instructions. The form itself is easier to read, and important areas have been printed in a larger font, which is very good. The other biggest change is in the list of documents that you may accept to establish and document that each employee that you hire, citizen or non-citizen, is authorized to work in the United States.

Be aware that it is illegal to discriminate against any individual, other than an alien not authorized to work in the U.S., in hiring, discharging, or recruiting or referring for a fee, because of that individual's national origin or citizenship status. In other words, it is illegal to discriminate against work-eligible individuals. In addition, you cannot specify which documents you will accept. You should take the time to become familiarized with the changed list. Once the form is completed, you must retain it for three years after the date of hire or for one year after the date employment ends, whichever is later.

All of the instructions for employers and employees are included in the documents you can download and print from the Web site. As in all situations, when dealing with employees, being firm, fair and consistent will help protect you from claims of discrimination while you are obeying the law.

Char Coburn is director of human resources at the Bonanza Casino. Contact her at 329-2755 or Char@BonanzaCasino.com.

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