CLE - Counseling Clients Re: Form I-9 Compliance& Discrimina

CLE - Counseling Clients Re: Form I-9 Compliance& Discrimina
12:30 PM - 3:00 PM - Lunch and registration begin at 12:00 PM Materials will be provided electronically prior to the program. 2.5 SUB credits


Counseling the Client Regarding Form I-9 Compliance and Discrimination

Form I-9, Employment Eligibility Verification (“Form I-9”) is used to document identity and work authorization of persons employed in the U.S. Every employer is required to correctly execute them within three days of an employee beginning to work for pay but many organizations find the process challenging. Not all companies have Form I-9 policies and many which do, have not looked at their policies in many years.  As a result, they may face significant fines and business interruptions if they are caught up in one of the increasingly common Form I-9 Audits. Advising employers to comply and providing Form I-9 execution training may create significant civil liability though because the federal government aggressively pursues civil actions for discrimination against employers. 

A solid understanding of how to assess and rectify Form I-9 compliance issues, while avoiding discrimination claims, is important to attorneys who represent employers and employees and this program is designed to equip attorneys with a basic understanding of the processes, liabilities, and context of the various enforcement mechanisms they will likely encounter if a client runs afoul of the law.
Panelists will provide in-depth guidance on the following topics:
Form I-9 Audits
Immigration and Customs Enforcement (ICE), within the Department of Homeland Security, audits and investigates immigration violations of work rules
Review of recent high-profile Form I-9 cases that highlight the importance of addressing document deficiencies
The costs of not complying are high and it is vital that companies get a sense of their compliance picture, asking:  Do we have Form I-9s?  Did we use the right version of the form?  Are the forms filled out correctly?  Do we have acceptable copies of employee documents?  How do we structure the corrections to minimize business disruptions?  What are our duties to employees without documents?  What can we communicate to our employees?  And, of course, if the answers to these questions are not ideal, perhaps the most important question is “how do we fix it?”
Guidance regarding how to fill out the form, identifying which fields are considered merely technical errors rather than substantive errors, and providing exemplars of common document presentations and verification challenges.

Discrimination Issues
Lawsuits against companies can be viable even when there is no intention of discriminating
"Intent" is not required when a policy or practice has a "disparate impact" on protected classes of workers (including foreign workers). 
Brief overview of the Title VII legal framework, including disparate impact, disparate treatment, and retaliation claims, with examples during hiring, during employment, and at separation
Best practices for employers to avoid discrimination in the Form I-9 process, including uniform policies and practices, which avoid civil lawsuits

Policy Issues
Examination of general principles for a Form I-9 policy (No policy is effective if not followed)  
Identification of some of the issues which should be considered in crafting a policy which provides for I-9 compliance and avoids discrimination liability

Featured Speakers:

David A. Berlin, Esq.
Weisberg Law

David Spaulding, Esq.                                       
Business Immigration, Compliance and Regulatory Enforcement Counsel                                                                             
Green And Spiegel LLC


LIVE In-Person Registrants
1. Non-Member Government Attorney or Judicial Non-Member, please enter PROMO Code GVNML1 in the Checkout Cart 
2. Non-Member Legal Services/Public Interest Attorney, please enter PROMO Code LSPINML1 in the Checkout Cart 
3. Non-Member Court Reporter or Non-Member Paralegal, please enter PROMO Code CRPLNML1 in the Checkout Cart

WEBCAST Registrants
4. Non-Member Government Attorney or Judicial Non-Member, please enter PROMO Code GVNMWC1 in the Checkout Cart 
5. Non-Member Legal Services/Public Interest Attorney, please enter PROMO Code LSPINMWC1 in the Checkout Cart 
6. Non-Member Court Reporter or Non-Member Paralegal, please enter PROMO Code CRPLNMWC1 in the Checkout Cart

Registration amount and category will be verified prior to credits being reported!
1/30/2020 12:30 PM - 3:00 PM
Philadelphia Bar Association 1101 Market St., 11th Fl. Conference Center Philadelphia, PA 19107 UNITED STATES
Registration is closed.
My registration status: Not registered

Please sign in or create a new account to view event pricing and register.

Existing User

We've updated our website! If you're an existing user or member and this is the first time you've logged in since Nov. 25, 2019, you will need to create a new password using our automated system. We will use your email on file as your username.

Existing Users Create a New Login

New Non-Member User

If you are a new user of our website you will need to create a new account.

Create a New Account

Sign In