BACK TO NACUANOTEFN31. 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. |