2013 -- H 5258

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LC00551

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS

     Introduced By: Representatives Diaz, and Almeida

     Date Introduced: February 05, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 55

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ELECTRONIC EMPLOYMENT VERIFICATION SYSTEMS

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     28-55-1. Legislative declaration and findings. – (a) Federal law established an

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electronic employment verification system, originally known as the Basic Pilot Program (enacted

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by Section 404 of Public Law 104-208), and currently known as E-Verify, which uses both the

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databases of the Social Security Administration and the Department of Homeland Security with

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the goal of verifying employment eligibility of new hires.

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     (b) Both databases are known to contain significant errors, and the database of the Social

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Security Administration alone contains an estimated 17.8 million discrepancies related to name,

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date of birth, or citizenship status.

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     (c) These erroneous databases result in foreign-born lawful workers being incorrectly

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identified as not authorized for employment at a rate estimated at thirty (30) times greater than

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that of native-born U.S. citizens.

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     (d) These high error rates result in discouraging some employers from hiring perceived

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foreign-born workers.

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     (e) Some employers across the country have been found to inappropriately use the E-

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Verify program in a discriminatory manner to pre-screen certain employees based on their

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national origin or other improper factors and to take adverse action against employees who

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receive tentative non-confirmation notices.

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     (f) The cost, technological demands, and staff time required to use an electronic

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employment verification system, and Rhode Island’s high unemployment rate make it imperative

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that private employers retain the ability to choose whether to participate in the electronic

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employment verification program, while further ensuring that any use of the program be

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implemented in accordance with safeguards and conditions established by the federal government

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in order to minimize its utilization in a discriminatory or otherwise improper fashion.

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     28-55-2. Definition. – (a) For purposes of this section, “electronic employment

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verification system” means an employment verification system that allows employers to

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electronically verify workers’ employment authorization with the federal government. This

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includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208, renamed in

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2007 as the E-Verify Program, and any other successor programs for electronic employment

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eligibility confirmation. The term “electronic employment verification system” does not include

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the I-9 Employment Eligibility Verification form or any other employment eligibility systems that

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are required by federal law.

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     28-55-3. Mandated use of electronic employment verification systems. – Except as

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required by federal law or as a condition of receiving federal funds, neither the state nor any

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municipality shall require an employer to use an electronic employment verification system,

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including, but not limited to, as a condition of receiving a government contract or applying for or

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maintaining a business license.

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     28-55-4. Standards for use of electronic employment verification systems. – (a) In

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accordance with federal standards, an employer that enrolls in an electronic employment

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verification system shall:

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     (1) Ensure that any individual who performs employment verification queries has

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completed any system tutorial provided by the federal government before that individual initiates

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any queries;

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     (2) Display, in a prominent place that is clearly visible to prospective employees, any

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notice provided by the Department of Homeland Security (DHS) indicating that the employer is

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enrolled in the system and any anti-discrimination notice issued by the Office of Special Counsel

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for Immigration-Related Unfair Employment Practices;

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     (3) Not use the system for procedures for pre-employment screening of job applicants, for

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re-verification of employees, for employees hired before the memorandum of understanding with

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the federal government authorizing participation in the program is in effect, or for any other use

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not authorized by the memorandum of understanding;

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     (4) Use system procedures in a uniform and non-selective manner;

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     (5) Notify employees of any findings of tentative non-confirmations, provide them

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written instructions to contest the findings, and not take adverse action against them if they

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choose to contest the finding;

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     (6) Not take any adverse action against an employee based upon the employee’s

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employment eligibility status while the Social Security Administration (SSA) or the Department

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of Homeland Security (DHS) is processing the verification request unless the employer obtains

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knowledge (as defined in 8 C.F.R. section 274a.1(1) that the employee is not work authorized, or

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unless and until secondary verification by SSA or DHS has been completed and made a final

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determination of non-confirmation;

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     (7) Comply with the Fair Employment Practices Act and any applicable federal anti-

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discrimination laws; and

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     (8) Use the information it receives from SSA or DHS only to confirm the employment

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eligibility of newly-hired employees after completion of the Form I-9; and safeguard this

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information, and means of access to it to ensure that it is not used or disseminated for any other

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purpose, as necessary to protect its confidentiality.

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     (b) No provision of this subsection shall apply to the extent it becomes inconsistent with

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federal law or regulation governing use of an electronic employment verification system.

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     28-55-5. Remedies. – (a) An employee, applicant for employment or any organization

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chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties,

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or of promoting full, free, or equal employment opportunities, may seek appropriate relief in a

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civil action against any employer alleged to have violated this chapter.

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     (b) In any civil action alleging a violation of this chapter, the court may:

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     (1) Award damages and reasonable attorneys’ fees and costs to a prevailing plaintiff;

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     (2) Impose a civil penalty of up to one thousand dollars ($1,000) for each violation; and

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     (3) Afford injunctive relief against any employer that commits or proposes to commit a

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violation of this chapter.

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     (c) The rights and remedies provided herein shall be in addition to, and not supersede,

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any other rights and remedies provided by statute or common law, including chapter 5 of this

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title.

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     28-55-6. Administration. – The director of the department of labor and training may

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promulgate rules and regulations to implement this chapter, which may include the establishment

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of an informal process before the department to resolve any complaints of violations brought to

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the department’s attention.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS

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     This act would provide that, except as required by federal law or as a condition of

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receiving federal funds, neither the state nor its municipalities shall require an employer to use an

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electronic employment verification system as a condition of receiving a government contract or

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applying for or maintaining a business license. This act would also create standards for the use of

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electronic employment verification systems.

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     This act would take effect upon passage.

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LC00551

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