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The U.S. Equal Employment Opportunity Commission (EEOC) recently released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers (1 to 20 employees, depending on the law) are required by federal law to prominently display the poster at their work sites. The poster also includes a QR code for applicants or employees with instructions for how to file a charge of workplace discrimination with the EEOC. The poster is available here. https://www.eeoc.gov/sites/default/files/2022-10/22-088_EEOC_KnowYourRights_10_20.pdf
The newly released poster summarizes the laws that EEOC enforces and explains that employees or applicants may file a charge if they believe that they have experienced discrimination. The poster includes information about discrimination based on:
Employees may also file a charge based upon retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.
The new “Know Your Rights” poster includes these changes:
The poster is available in English and Spanish with other languages forthcoming.
The posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post a notice digitally on their websites in a conspicuous location.
In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis), it may be the only posting. Covered employers are subject to fines for noncompliance.
The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.
DHS/ICE Extend I-9 Remote, Virtual Verification until July 31, 2023
Also in October, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely.
This policy began at the outset of the pandemic when DHS announced it would exercise discretion for all new hires to defer the physical presence requirements associated with the Form I-9. Since then, it has been extended numerous times.
DHS’s original temporary policy defers for employers the requirements to review Form I-9 documents in person with new employees where employers and workplaces are operating totally remotely due to COVID-19. In these situations, employers may inspect Section 2 documents remotely through a virtual connection (e.g., video link, fax, or email). Then, employers may enter “COVID-19” as the reason for the physical inspection delay in the Section 2 “Additional Information” field.
In this situation, DHS defines a remote employee to mean:
If employees hired on or after April 1, 2021 to work exclusively in a remote setting due to COVID-19 related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake 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.
Once the National Emergency ends or normal operations resume, all employees onboarded using remote verification, must report to their employer within three business days for in-person physical verification of their identity and employment eligibility documentation. While the DHS has been pursuing this policy on an incremental basis, the agency recently requested comments on a possible permanent remote, virtual I-9 verification process.
During an in-person physical inspection, the employer must note certain information, discussed below, on Section 2 of the Form I-9. USCIS and ICE advise if the same employer representative reviewed the documents remotely and in person after resumption of normal operations, they should note “COVID-19 Documents Physically examined on (date) by (name)” in Section 2 “Additional Information” field.
However, if the person, who virtually examined the Employment Authorization and identification document(s), is not available to conduct the physical inspection, ICE advises to have the employer representative who is conducting the physical inspection complete a new Section 2 of the Form I-9 and attach that to the complete remote inspection Form I-9.
Green Card Validity Extension
U.S. Citizenship and Immigration Services (“USCIS”) recently announced that effective September 26, 2022, the agency is automatically extending the validity of expired Forms I-551, Permanent Resident Card, popularly known as Green Cards, for lawful permanent residents (LPRs) who properly file a Form I-90, Application to Replace Permanent Resident Card.
This extension will now extend the validity of an expired green card for 24 months from the expiration date of the green card. In June of 2021 the USCIS first granted 12-month extension to an expired I-551’s validity. By doubling the extension period, it will assist green card holders facing long extension times who wish to present their green cards as proof of employment eligibly.
The I-797C, Notice of Action for anyone with a pending Form I-90 after September 26 will reflect the new 24-month extension. Additionally, USCIS has already begun issuing amended receipt notices for LPRs with an already pending Form I-90 application and a receipt notice dated before September 26.
The I-797C, Notice of Action for a Form I-90 presented with an expired green card combination is an acceptable List A document that establishes identity and employment authorization and does not require reverification.
Keep in mind that:
