1-9 document bias: Lessons from the Gap case.

When completing I-9 forms, HR professionals often focus too much on being "form enforcers" without realizing they could face discrimination charges for demanding that new hires produce certain documents.

That's why it's important to remember it's unlawful to:

* Require more or different documents than are legally acceptable for I-9 employment verification.

* Reject documents that are legally acceptable and appear genuine.

The bottom line: You're required to treat everyone the same in the hiring process, including in I-9 verification and reverification.

Recent case: The U.S. Department of Justice began investigating the Gap clothing company after receiving employee complaints of unfair I-9 document practices. DOJ says the company made these two mistakes:

Improper document demand. Gap's HR and hiring managers requested that certain noncitizens provide specific documents to confirm they were legal to work in this country, instead of allowing the person to choose any valid documentation of...