COVID I-9 Compliance Flexibility Extended to July 31, 2023
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended the verification flexibility related to Form I-9, Employment Eligibility Verification, due to continued precautions related to COVID-19. This temporary rule was set to expire October 31, 2022.
The temporary rule was first announced in March 2020 and has been extended several times since then as the pandemic has continued to impact workplaces. The temporary rule affects employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19 related precautions. In such cases, the employer is temporarily exempt from I-9 physical inspection rules until the employee undertakes non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier. (ICE)
Which I-9 form should I use right now?
Until further notice, employers should keep using the Form I-9, Employment Eligibility Verification, though it was originally due to expire October 31, 2022. DHS will publish a Federal Register notice when the new version of the Form I-9 becomes available.
How can I verify employment eligibility remotely?
Remote verification options include: video link (Zoom, Teams), FaceTime, fax or email.
Since the beginning of the COVID-19 pandemic, USCIS has allowed employers to remotely review — by Zoom, video chat, FaceTime, fax, or other electronic means — the identity and work-authorization documents that are necessary for workers’ Forms I-9, during the hiring and re-verification process. Fisher Phillips
Can I do I-9 verification through ApplicantStack?
Yes! ApplicantStack integrates with Verified First, a full-service background check provider. Verified First provides all background check services including I-9 verification through Tracker-I-9.
Every U.S. employer must properly complete a Form I-9 for each new hire working in the United States prior to finalizing the onboarding process. This form is an important part of adding a new employee to your team, and it isn’t always straightforward. Simple inconsistencies or even neglecting to enter “N/A” where required can have big consequences. Paperwork or technical violations can potentially cost your business anywhere between $234 to $2,332 per employee. Verified First
Employers Must Document Their Onboarding Process
Employers who take advantage of the remote verification rule must provide documentation of their onboarding process and remote work policy. If you haven’t created a formal onboarding process, learn how here: The Onboarding Process – Steps and Checklist. The onboarding process should also be included in the employee handbook. For a complete guide to creating and updating your employee handbook (including a template with a sample remote work policy) see How to Write and Update Your Employee Handbook + Template.
EEO Reporting: You Still Have Time to Report 2021 EEO Data
EEO-1 reporting opened on April 12, 2022 with a deadline of May 17, 2022. BUT, if you haven’t filed, the EEOC will accept reports until June 21, 2022. You should receive a “failure to file” notice and instructions for submission as soon as possible.
What is EEO-1 Reporting?
The Equal Employment Opportunity (EEO) Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria, to submit demographic workforce data. U.S. Equal Equal Opportunity Commission
Component 1 requires hiring data categorized by the following:
Race/ethnicity
Gender
Job category
A sample copy of the EEO-1 form and instructions are available at EEO-1 data collection.
The filing by eligible employers of the EEO-1 Component 1 Report is required under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-8(c), and 29 CFR 1602.7-.14 and 41 CFR 60-1.7(a). U.S. Equal Equal Opportunity Commission
What is the U.S. Equal Employment Opportunity Commission (EEOC)?
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. It is illegal to discriminate against a job candidate or employee because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
OFCCP Compliance for Recruiters
Federal contractors also have equal employment obligations. Let’s discuss them.
What is the OFCCP?
The Office of Federal Contract Compliance Programs (OFCCP), was created to protect workers, promote diversity and enforce the law.
Compliance requires OFCCP reporting which is similar to EEO reporting.
OFCCP holds those who do business with the federal government (contractors and subcontractors) responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discharging or otherwise discriminating against applicants or employees who inquire about, discuss or disclose their compensation or that of others, subject to certain limitations.U.S. Department of Labor
Is the OFCCP the same as the EEOC?
The OFCCP was created to regulate and enforce non-discrimination for business contractors and sub-contractors dealing with the U.S. government. The EEOC is the federal agency that handles concerns for any employment-related discrimination (or alleged discrimination) in the United States. Both agencies have the authority to file lawsuits against violating employers.
EEO and OFCCP Guidelines for Recruiting
EEO and OFCCP compliance for recruiters includes more than simply reporting demographic data on employees after hire. There are also EEO applicant tracking obligations for applicants not hired. In addition to demographic information, employers should keep records that verify hiring decisions. These can include job descriptions, applications, applicant identification, interview scorecards, and candidate assessments. You should keep applicant data for at least one year.
Do I need to report applicant data?
While you are required to file your EEO-1 report, you don’t need to file data for applicants not hired. However, if a rejected applicant files an EEOC claim against you, you want to have documentation about your hiring process. Specifically, whether it was free from discrimination.
OFCCP Guidelines for Recruiting: Posting and Notices
How do employers determine an employee’s race and/or ethnicity for EEO reporting?
Self-identification is the preferred method of identifying race and ethnic information necessary for the EEO-1 Component 1 Report. Employers are required to attempt to allow employees to use self-identification to complete the EEO-1 Component 1 Report. As to the method of collecting data, the basic principles for ethnic and racial self-identification for purposes of the EEO-1 Component 1 Report are:
Offer employees the opportunity to self-identify and
As with other Department of Labor regulations, employers have several notification and posting rules. Let’s discuss them.
Subcontractors: Notice to subcontractors of their nondiscrimination and affirmative action obligations, provided by incorporating equal opportunity clauses into subcontracts and purchase orders.
Job Postings: Notice to jobseekers that the employer is an equal opportunity employer, provided by using taglines in job advertisements.
Subcontracts over 10K: Notice to OFCCP by the prime contractor that it awarded a construction subcontract in excess of $10,000.
American Job Center: Notice to the appropriate American Job Center or state workforce agency that an employer is a federal contractor, that it wants priority referral of veterans, and that it has job openings to list in the job bank.
Unions: Notice to any unions with which the contractor has a collective bargaining agreement of the contractor’s equal opportunity obligations.
Posters: Posting the “EEO is the Law” and other posters to inform applicants and employees of the contractor’s nondiscrimination and equal opportunity obligations. U.S. Department of Labor
What is the best way to track EEO data for EEO reporting?
Collecting diversity data is easier with an applicant tracking system (ATS). An ATS automates the online application process. In addition, you can use your ATS to track job postings, applicant sources (job boards, careers page, social media), interview questions and the basis for hiring decisions.
Try our top-rated applicant tracking system for free
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