| ICE Releases
Guidance on Evaluating Electronic I-9 Systems
The
U.S. Immigration and Customs Enforcement (ICE) has released
the first-ever official guidance document for evaluating
electronically generated and stored I-9 records during an
audit. The document provides guidance to Homeland Security
Investigations (HSI) special agents and auditors on what
information they should collect from employers using electronic
I-9 systems as well the minimum electronic audit trail requirements
for use in determining I-9 related fines. The regulations
require that whenever an electronic I-9 is created, completed,
updated, modified, altered or corrected, an electronic I-9
system must create a secure and permanent record that establishes
the date accessed, who accessed it, and what action was
taken. Employers storing electronic I-9s are also required
to maintain an "indexing system" and to "reproduce
legible and readable hardcopies" of the electronically
completed and retained I-9 forms. Employers are well advised
to partner with a vendor that takes the most conservative
approach to audit trails (and the regulations) in designing
their software.
'To read more click
here
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$750,000
EEOC Settlement Highlights Pitfalls of Drug Testing for
Prescription Medications by Employers
An
auto parts manufacturer has entered into a consent decree
with the Equal Employment Opportunity Commission (EEOC)
requiring it to pay $750,000 to a group of current and former
employees at its Lawrenceburg, Tennessee facility based
on allegations that company drug testing practices violated
the Americans with Disabilities Act (ADA).The EEOC alleged
that the company tested all of its employees for 12 substances,
including certain legally prescribed drugs, in violation
of the ADA. It also alleged that the company required those
employees who tested positive for legally prescribed medications
to disclose the medical conditions for which they were taking
the medications and to cease taking them. The company then
suspended employees until they stopped taking their prescription
medications and fired those who were unable to perform their
job duties without the benefit of the medications. Employers
must ensure that testing for prescription medications is
job-related and consistent with business necessity. Also,
employers should not have blanket rules prohibiting employees
from using certain prescription medications without undertaking
an individualized assessment of the particular employee's
situation.
To
read more, click here |