Can employers discriminate against employees with an expiring Employment Authorization Document?
No. Generally the existence of a future expiration date should not be considered in determining whether a person is qualified for a position and considering a future employment authorization expiration date may be considered employment discrimination. In other words, you may not refuse to hire a person because they only have temporary employment authorization. This does not, of course, preclude re-verification upon the expiration of employment authorization. What information can be requested of an individual prior to the commencement of employment? Employers who require applicants to complete Form I-9 prior to the beginning of employment need to be very careful because of the possibility of national origin discrimination. At a minimum, the employer should wait until an offer is extended and accepted before requesting completion of the I-9. After that, the employer can start the Form I-9 process. It is a smart practice to have a uniform policy regarding completion of the Form I-9 or if
