This is an article I wrote for Recruiting Blogs. Here is the link to the article concerning the recen Supreme Court Ruling and the Legal Arizona Workers Act and how it will most likely impact employers throughout the United States. Here is the Link to the Article.
Find below some excerpts from that article…
In response to the recent United States Supreme Court Ruling to uphold the 2007 Legal Arizona Workers Act, the Los Angeles Times has issued an editorial saying that you cannot rely on E-Verify or the I-9 Background Search. The Arizona Law stipulates that employers who hire undocumented or illegal workers will be penalized for doing so and that the second offense may result in the revocation of the errant company’s business license.
Since 2007 when the bill was first put into law, all Arizona Employers must utilize the E-Verify or I-9 search as part of their employment screening program. This background check is also mandated for all federal contractors. Failure to do so could result in the company losing its federal contract.
More importantly, the employer cannot run the E-Verify unless the employer formally offers the job to the candidate. Only then can they conduct the I-9. The E-Verify cannot be used as a background check for pre-employment screening. This is why we encourage our clients to first run the Social Security Trace. The Social Security Trace as a background check will for the most part tell you if your job applicant is applying for the job under his legitimate Social Security Number. And if there is a discrepancy, with a bit of research, a CRA can pretty much tell if the SSN is legitimate and who it actually belongs to.
The Social Security Trace can be used for pre-employment screening purposes. It may help weed out the ineligible workers from those who are eligible to work in the United States.
