The DOJ Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has released three new documents providing guidance to empoyers and employees who receive SSA No-Match letters.
FAQs discuss the basics of the Social Security Administration (SSA) No-Match letter and clarifies that employers should not consider mere reciept of a No Match letter as any kind of evidence that a particular employee may not be authorized to work. The document also confirms that receipt of a SSA No-Match letter without more, does not constitute constructive knowledge of hiring an undocumented worker.
Dos and Don’ts for Employers provides a short list of reminders for employers when they encounter a SSA No-Match situation, including giving the employee a reasonable amount of time to address the no-match situation with the Social Security Administration. The document also reminds employers that they should not require the employee to provide specific documents to address the SSA No-Match .
Information for Employees advises individuals of their rights in a SSA No-Match situation and encourages them contact the OSC discrimination hotline to report any misconduct by employers.
For the past several years, there has been very little activity from the Social Security Administration regarding No-Match letters. The issuance of this guidance from the OSC most likely signals a return to SSA No-Match letter processing by the SSA. In light of the recent increase in inter-agency cooperation with regulatory compliance, this development is not surprising.
Employers should prepare now by reviewing/drafting their SSA No-Match policy to ensure that it complies with the guidance from the OSC.