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Question:
Three
men apply to manage the front desk of your
four-star hotel. One has more experience
than the other two, but you refuse to hire
him because all he has for the I-9 form is
an unexpired French passport with an
unexpired work authorization stamp. You ask
him for "a driver's license,
anything." The next person has only a
temporary resident card that expires in nine
days. That's too close for comfort. So, you
hire the third applicant, who has a valid
Canadian driver's license. Are you
discriminating?
Answer:
Yes,
you are discriminating. The unexpired French
passport, with an unexpired work
authorization attached, is sufficient
documentation to show that the applicant is
work authorized. So is the person with the
temporary resident card. When the card
expires in nine days, you can ask him/her to
reverify work authorization in Section 3 of
the I-9 form. The third applicant did not
show sufficient documents to establish work
authorization. A Canadian driver's license
is a permissible document to establish
identity, but it does not establish
authorization to work in the United States.
Therefore, the applicant would also need to
show you a document from List C. Remember,
for reverification purposes, the individual
again has the right to show the valid
documents of his/her choice. These documents
don't have to be the same ones that he/she
presented initially. If you insist on seeing
the same documents, you are engaging in
document abuse.
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