The Law Office of Michelle Cohen Levy, P.A.
Free Phone Consultations

Do not let your employer use an I-9 to discriminate against you

Whether you are starting your first job or have been in the workforce for years, you have probably seen an I-9. Provided your employer has at least four employees, someone at the company must use the form to verify your identity and work eligibility. 

While completing an I-9 is often routine, your employer may illegally use the employment verification process to discriminate against you. If someone in the organization does not follow the law, you may need to act quickly to protect both your legal rights and your job

You can choose which documents to provide 

As mentioned, employers use the I-9 form to verify the following two matters: 

  • Your identity
  • Your legal authorization to work in the United States 

When completing the form, a company representative should ask you to provide documentation. Some documents prove both identity and work eligibility. The form’s instructions call these List A documents. On the other hand, some documents only prove either identity or work eligibility. Those that demonstrate identity are List B documents, and those that show work authorization are List C documents. 

Your employer should provide you with a complete list of acceptable documents. As long as you offer either a document from List A or one document from List B with one from List C, your employer may not ask you for specific or different documentation for I-9 purposes. 

You have time to provide documentation 

Your employer must ask you to complete the first section of the I-9 on your first day of work. Nonetheless, you have three days to provide documentation that proves your identity and work eligibility. Your employer should not cut this timeframe short. Instead, your employer should allow you to work until the end of your third day of employment. 

To comply with federal law, your employer likely must complete an I-9 form. If the company’s representative does not follow the form’s instructions precisely, though, you may have a valid discrimination claim. If you are not sure how to comply with the form’s requirements, read through its instructions carefully before you get to your first day of work.

No Comments

Leave a comment
Comment Information

Do You Have A Legal Concern?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response


Fort Lauderdale Office
633 SE 3rd Avenue
Suite 4F
Fort Lauderdale, FL 33301

Phone: 954-687-9782
Phone: 954-651-9196
Fax: 954-463-1245
Map & Directions

Lighthouse Point Office
4400 N. Federal Hwy
Lighthouse Point, Florida 33064

Phone: 954-651-9196
Map & Directions