Opening of Proposals - City of SB Branded Apparel and Accessories - BSN Sports

Home Browse Search

W Company ID Plumber: 491633 uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS Information pursuant to this MOU. U. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, Including notifying employees in private of the finding and providing them written notice of the findings, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees If they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non -match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the emp[oyee's perceived employment eligibility status while 88A or DHS is processing the verification request unless the Employer obtains knowledge (as defined In 8 C.F.R. § 274a.1(1)) that the employee Is not work authorized. The Employer understands that an Initial Inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonoonfirrnation, a case In continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non -match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work In poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she Is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been Issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call EVerify at 1-888-464-4218 or OSC at 1-800- 255-8155 or 1-800-237-2516 (TI3D). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA, as applicable, by not discriminating unlawfully against any Individual in hiring, firing, or recruitment -or referral practices because of his or her national origin or, in the case of a protected Individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such Illegal practices can include selective verification or use of E Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative rionconfirmations. The Employer further understands that any violation of the unfair Immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title Vll could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 2748 of the INA or Title VII may also lead to the termination of its participation In E- Page 5 of 13 1 E-Va ft MOU for Employer I Revision Date 09l01109 www.dhs.gov/E-Verify BSN SPORTS PO 13OX 7726 DALLAS, TIC 75209-0726