An employer has an obligation to verify what aspect of employees they hire?

Employers have a legal obligation to verify employment authorization and identity for their employees. This requirement is primarily outlined in the Immigration Reform and Control Act (IRCA), which mandates that employers must ensure that all employees are legally authorized to work in the United States. This verification process typically involves completing Form I-9, which includes checking documents that establish both the employee’s identity and their eligibility to work in the country.

The importance of this verification is to ensure compliance with immigration laws and regulations, thereby preventing the hiring of undocumented workers. This protects not only the employer from legal penalties but also contributes to fair employment practices by ensuring that all workers are treated under the same legal framework.

While aspects such as employment history, skill proficiency, and references can be important for determining a candidate's fit for a position, they do not carry the same legal obligation that accompanies the verification of employment authorization and identity.