It has increasingly put United States employers at risk for both civil and criminal penalties, financial ruin and work-force shut downs. This Act has actually created a nightmare for businesses because of conflicts between the Labor Dept. Under INS regulations, the employer must determine the validity of the applicants right to work in the United States by use of the I-9 form and identification provided by the applicant. The EEOC guidelines and the Right to Privacy Act prohibits employers from seeking the requisite information the INS calls for because it is illegal to ask prospective employees about their birthplace, their country of origin, or questions related to their gender. Obviously, this is not a foolproof method.
Employers have few options and many illegal aliens with fraudulent papers are hired.
Then through a quirk of fate , they are discovered to have fraudulent documents. Additionally, employers are faced with terminating employees who have been trained, are productive, and often key to the company s productivity. Federal Issues Committee recommendation is to support Federal legislation that would provide relief for employers from conflicting regulations. Unknown at this time.