FN31.  Although the MOU provides that “no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in “good faith” on information provided through the confirmation system,” this provision does not fully insulate an employer against claims and charges of discrimination partially because such claims are often based heavily upon facts.  In addition, the Office of Special Counsel has confirmed that an employer can only rely on a “good faith” defense if the employer used the E-Verify system correctly.  In other words, if the university used E-Verify to query an existing employee before it was a federal contractor, for example, it could not rely on the E-Verify result to avoid a discrimination claim.