Company ID Number:32855 Client Company ID Number:385743
<br />perceived employment eligibility status while SSA or DHS is processing the verification request unless the
<br />Employer obtains knowledge (as defined in 8 C.F.R. Section 274a.1(p) that the employee is not work
<br />authorized. The Employer understands that an initial inability of the SSA or DHS automated verification
<br />system to verify work authorization, a tentative nonconfirmation, acase in continuance (indicating the need
<br />for additional time for the government to resolve a case), or the finding of a photo mismatch, does not
<br />establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of
<br />such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or
<br />she does so, the employee may not be terminated or suffer any adverse employment consequences based
<br />upon the employee's perceived employment eligibility status (including denying, reducing, or extending
<br />work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding
<br />pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that
<br />he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been
<br />completed and a final nonconfirmation has been issued. If the employee does not choose to contest a
<br />tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final
<br />nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate
<br />the employee's employment. Employers or employees with questions about a final nonconfirmation may call
<br />E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline).
<br />14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as
<br />applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility
<br />verification, or recruitment or referral practices because of his or her national origin or citizenship status, or
<br />by committing discriminatory documentary practices. The Employer understands that such illegal practices
<br />can include selective verification or use of E-Verify except as provided in part D below, or discharging or
<br />refusing to hire employees because they appear or sound "foreign" or have received tentative
<br />nonconfirmations. The Employer further understands that any violation of the immigration -related unfair
<br />employment practices provisions in section 274B of the INA could subject the Employer to civil penalties,
<br />back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay
<br />awards, compensatory and punitive damages. Violations of either section 2746 of the INA or Title VII may
<br />also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the
<br />anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
<br />15. The Employer agrees that it will use the information it receives from E-Verify (through its Web Services E-
<br />Verify Employer Agent) only to confirm the employment eligibility of employees as authorized by this MOU.
<br />The Employer agrees that it will safeguard this information, and means of access to it (such as Personal
<br />Identification Numbers and passwords), to ensure that it is not used for any other purpose and as necessary
<br />to protect its confidentiality, including ensuring that it is not disseminated to any person other than
<br />employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU
<br />except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.
<br />16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches
<br />are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed
<br />breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@uscis.dhs.gov. Please use
<br />"Privacy Incident -Password" in the subject line of your email when sending a breach report to E-Verify.
<br />17. The Employer acknowledges that the information it receives from SSA through its Web ServicesE-Verify
<br />Employer Agent is governed by the Privacy Act (5 U.S.C. Section 552a(i)(1) and (3)) and the Social Security
<br />Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any
<br />purpose other than as provided for in this MOU may be subject to criminal penalties.
<br />18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-
<br />Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to
<br />review Forms I-9 and other employment records and to interview it and its employees regarding the
<br />Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for
<br />information relating to their participation in E-Verify.
<br />19. The Employer shall not make any false or unauthorized claims or references about its participation in E-
<br />Verify on its website, in advertising materials, or other media. The Employer shall not describe its services
<br />as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on
<br />its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify
<br />endorses or authorizes your E-Verify services and any claim to that effect is false.
<br />20. The Employer shall not state in its website or other public documents that any language used therein has
<br />been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior
<br />written consent of DHS.
<br />21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see
<br />M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any
<br />manner that might imply that the Employer's services, products, websites, or publications are sponsored by,
<br />endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
<br />Page 3 of 17 E-Verify MOU for Employers Using a Web Services Employer Agent I Revision Oate 06/01/13
<br />
|