|
Company IO Number:32B55 Client Company IO Number:385243
<br />perceived employment eligibility status while SSA or OHS Is processing the verification request unless the
<br />Employer obtains Knowledge (as defined in 8 C.F.R. Section 274a.1(D) that the employee Is not work
<br />authorized. The Employer understands that an initial inability of the SSA or OHS automated verification
<br />system [o verify worK authorization, a tentative nonconfirmation, acase In continuance (indicating the need
<br />for addi[lonal time far the government to resolve a case), or the finding of a photo mismatch, does not
<br />establish, and should not be Interpreted a evidence that the employee is not work authoriz¢d. In any of
<br />such cases, the employee must be provided a full and Pair opportunity to contest the finding, and if he or
<br />she does so, the employee may no[ 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, tlelaying 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 una uthorized to work) until and unless secondary verification by SSA or OHS has been
<br />completed and a final nonconfirmation has been Issued. If the employee does not choose to contest a
<br />tentative n onormation or a photo mismatch or If a secondary verification is completed and a final
<br />nonconfirmation Is Issued, then [he 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 1-866-464-4218 (customer servic¢) or 1-886-897-77H1 (worker hotline).
<br />14. The Employer agrees [o comply with Title VII of [he CIv1i 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 U below, or discharging or
<br />refusing to hire employees because they appear or sound "foreign" or have received tentative
<br />onfirmatlons. The Employer further understands Thai any violation of [he Immigration -related unfair
<br />employment practices provisions In section 274B oP 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 punlilve damages. Violations of eliher section 2746 of the INA or Tltie VII may
<br />also leatl to the termination of its participation in E-Verify. If the Employer has any questions relating io the
<br />anti -discrimination provision, It should contact OSC at 1-BOO-255-6155 or 1-800-237-2515 (TOE).
<br />15. The Employer agrees that It will use the infortnatlon It receives from E-Verify (through its Web Services E-
<br />Verlfy Employer Agent) only [o confirm the employment eligibility of employees as authorized by this MOU.
<br />The Employer agrees Ghat It will safeguard [his Information, and means of access to It (such as Personal
<br />ItlenBfication Numbers and passwords), to ensure the[ i[ is no[ used for any ocher purpose and as necessary
<br />to protect Its confldentiallty, including ensuring that it is not disseminated to any person other than
<br />employees of [he Employer who are authorized to pertorm the Employer's responsibilities under this MOU
<br />except for such dissemination as may be authorized in advance by SSA or OHS for legitimate purposes.
<br />16. The Employer agrees to no[Ify OHS Immediately In the event of a breach of personal Information. Breaches
<br />are defined as loss of control or unauthoriaed 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-Verifyguscis.dhs.9ov. Please use
<br />"Privacy Incident - Passwor'd" in the sub)ec[ 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 ServlcesE-Verify
<br />Employer Agent is governed by [he Privacy Act (5 U.S.C. Section 652a(I)(1) and (3)) and the Social Security
<br />Ac[ (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 />16. The Employer agrees to cooperat¢ with OHS and SSA in their compliance monitoring and evaluation of E-
<br />Verify, which Includes permitting OHS, 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 oP E-Verify, and to respond in a prompt and accurate manner to OHS requests for
<br />Information relating to their particlpatlon in E-Verify.
<br />19. The Employ¢r shall not make any false or unauthorized claims or references about Its particlpatlon In E-
<br />Verify on Its webslte, In advertising materials, or other media. The Employer shall not describe Its services
<br />as federally -approved, federally-certiPietl, or federally -recognized, or use language with a similar intent on
<br />Its website or other maierla is provltled [o the public. Entering Into this MOU does no[ mean that E-Verify
<br />¢ndorses or authorizes your E-Verify services and any claim to [hat effect Is false.
<br />20. The Employer shall not stale In lis website or other public documents that any language used therein has
<br />been provided or approved by OHS, USCIS or the Verification Oivislon, without firs[ obtaf Wing the prior
<br />written consent of OHS.
<br />21. The Employer agrees that E-Verfy tratlemarKs antl logos may be used only under license by OHS/USCIS (see
<br />M-795 (yy¢p)) and, other than pursuant to the specific terms of such license, may not be usetl in any
<br />manner [hat might Imply that the Employer's services, products, websites, or publications are sponsored by,
<br />endorsetl by, Ilcensetl by, or affiliated with OHS, USCIS, or E-Verify.
<br />Pages 3 of 17 I E-Verity MOU for Employers Vsing a Web Services Employer Agene 16evlslon Oat¢ 06/01/13
<br />
|