United States — Hiring & Onboarding

Federal law requires every employer who hires an individual for employment in the United States to complete Form I-9, Employment Eligibility Verification. This obligation was established by the Immigration Reform and Control Act of 1986 and codified at 8 U.S.C. § 1324a. It applies to all employees hired after November 6, 1986, including both U.S. citizens and noncitizens. The employee must complete and sign Section 1 of the form no later than the first day of employment. The employer must then physically examine original documents establishing the employee's identity and employment authorization and complete Section 2 within three business days of the hire date. Employers must retain the completed I-9 for three years after the date of hire or one year after employment ends, whichever is later.

Recent updates (2024-2026):

• As of August 1, 2026, employers may only use the revised Form I-9 edition dated 01/20/2025 (with an expiration date of 05/31/2027) for compliance. Any prior editions—including the 08/01/2023 version—will no longer be considered valid after July 31, 2026. This requirement is announced in USCIS guidance and directly impacts compliance dates and onboarding practices.
• In May 2026, U.S. Immigration and Customs Enforcement (ICE) issued updated audit guidance, clarifying that several errors on Form I-9—including those in Section 1 (employee), Section 2 (employer), and Supplements A & B—are now classified as 'substantive violations' subject to immediate fines during an audit, even for first-time offenses. Employers should ensure that all I-9s are completed strictly in accordance with the instructions on the most current Form I-9 and the regulatory requirements under 8 C.F.R. § 274a.2.

Source: 8 U.S.C. § 1324a | USCIS Form I-9 Central | USCIS Form I-9 Updates | ICE Worksite Enforcement

Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer "to fail or refuse to hire … any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." This prohibition, found at 42 U.S.C. § 2000e-2(a)(1), applies directly to hiring decisions. The same section at subsection (a)(2) also bars employers from limiting, segregating, or classifying "applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee" based on these five protected characteristics.

Covered employers

Title VII's definition of "employer" at 42 U.S.C. § 2000e(b) reaches any "person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." The 15-employee threshold is calculated on a workday-count basis, not a simple headcount. The definition expressly excludes "the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service." State and local government employers, originally exempt, became covered by the Equal Employment Opportunity Act of 1972 (Pub. L. 92-261), which removed the prior exemption for public employers. Employment agencies and labor organizations are separately defined and covered under § 2000e(c) and (d).

Protected bases

The statute names five protected characteristics: race, color, religion, sex, and national origin. The definition of "religion" at § 2000e(j) includes "all aspects of religious observance and practice, as well as belief," and obligates employers to reasonably accommodate an employee's or prospective employee's religious practice unless doing so would cause undue hardship. The Pregnancy Discrimination Act of 1978 (Pub. L. 95-555) amended § 2000e(k) to specify that "the terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions." The Supreme Court held in Bostock v. Clayton County, 590 U.S. 644 (2020), that discrimination on the basis of sexual orientation or transgender status constitutes discrimination "because of … sex" within the meaning of Title VII.

Specific unlawful practices in hiring

Section 2000e-2(a)(1) forbids an employer from failing or refusing to hire an individual because of a protected characteristic. Section 2000e-2(b) makes it unlawful for an employer "to print or publish or cause to be printed or published any notice or advertisement relating to employment … indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin," except where religion, sex, or national origin is a bona fide occupational qualification (BFOQ). The BFOQ exception, found at § 2000e-2(e)(1), permits discrimination on the basis of religion, sex, or national origin (but never race or color) "in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise." Courts and the EEOC have interpreted this defense narrowly; an employer relying on it must show that the protected characteristic relates to the essence of the business operation and that substantially all members of the excluded class would be unable to perform the job safely and efficiently.

Enforcement and remedies

The Equal Employment Opportunity Commission (EEOC), created by Title VII under § 2000e-4, enforces the statute through investigation of charges, conciliation, and litigation. An individual alleging hiring discrimination must file a charge with the EEOC before filing suit in federal court. The Civil Rights Act of 1991 (Pub. L. 102-166) amended Title VII to authorize compensatory and punitive damages for intentional discrimination in addition to equitable relief such as hiring, back pay, and injunctive relief. Remedies are detailed at § 2000e-5(g) and (k).

Application to job applicants

The statute's reference to "applicants for employment" at § 2000e-2(a)(2) confirms that Title VII's protections extend to individuals seeking employment, not only current employees. The EEOC accepts charges from job applicants alleging refusal to hire, discriminatory job advertisements, or other hiring practices that violate Title VII.

Source: 42 U.S.C. § 2000e-2) | 42 U.S.C. § 2000e) | EEOC: Title VII of the Civil Rights Act of 1964

Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against qualified job applicants with disabilities by employers with 15 or more employees (the employer coverage threshold, 42 U.S.C. § 12111(5)(A)). The ADA applies to private employers, state and local governments, employment agencies, and labor unions.

Who is a qualified individual with a disability? A "qualified individual with a disability" is someone who meets the job’s legitimate requirements and can perform the essential functions of the position, with or without reasonable accommodation (42 U.S.C. § 12111(8)). A disability under the ADA includes: (1) a physical or mental impairment that substantially limits one or more major life activities, (2) a record of such an impairment, or (3) being regarded as having such an impairment (42 U.S.C. § 12102(1)). Note: "Substantially limits" is interpreted broadly following the ADA Amendments Act (ADAAA), and the "regarded as" prong (item 3) does not create a right to reasonable accommodation (42 U.S.C. § 12201(h)).

Application process requirements The ADA requires covered employers to make reasonable accommodations to known disabilities of qualified applicants, unless doing so would impose an undue hardship (i.e., significant difficulty or expense weighed in light of the employer’s resources, 42 U.S.C. § 12112(b)(5)(A)-(B)). Reasonable accommodations in the application process might include providing accessible application forms, adjusting interview locations, or permitting the use of assistive technology. Employers may not ask disability-related questions or require medical examinations before giving a conditional job offer (42 U.S.C. § 12112(d)(2)). Employers may ask if an applicant can perform specific job functions, with or without accommodation. If an applicant discloses a disability or it is obvious, an employer may ask what accommodation is needed, but may not inquire further.

Summary In short, the ADA means employers must focus on an applicant’s ability to perform essential job functions and provide reasonable accommodations during hiring, without making disability-based decisions—so long as doing so does not create undue hardship. The EEOC enforces these provisions for most employers.

Source: 42 U.S.C. § 12112 | 42 U.S.C. § 12111 | EEOC: “Facts About the Americans with Disabilities Act” | EEOC: “Job Applicants and the ADA” | EEOC ADAAA Q&A

The Age Discrimination in Employment Act of 1967 (ADEA) makes it unlawful for employers to fail or refuse to hire any individual age 40 or older because of that individual's age (29 U.S.C. § 623(a)(1)). The ADEA's protections extend to all aspects of the hiring process, including job advertisements, applications, interviews, and offers of employment.

Employer coverage threshold ADEA coverage applies to private employers with 20 or more employees employed for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (29 U.S.C. § 630(b)). The statute also covers state and local governments, employment agencies, and labor organizations. (Federal employers are specifically covered under a separate section, 29 U.S.C. § 633a.)

Protected age group The ADEA protects individuals who are age 40 or older at the time of the alleged discriminatory act. The statute does not prohibit preferential treatment of older workers over younger workers, even if both are over age 40 (29 U.S.C. § 631(a)). The law does not prohibit an employer from favoring an older individual over a younger one, even when both are within the protected class, as clarified by the Supreme Court in General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004).

Bona Fide Occupational Qualification (BFOQ) defense Like Title VII, the ADEA contains a bona fide occupational qualification (BFOQ) defense, allowing an employer to lawfully base a hiring decision on age if age is "a bona fide occupational qualification reasonably necessary to the normal operation of the particular business" (29 U.S.C. § 623(f)(1)). However, this defense is construed narrowly. The employer must provide substantial evidence that age is essential to the job’s central mission (e.g., actors portraying a certain age or airline pilots, where safety is at issue). Most courts require that the BFOQ not simply be based on convenience or generalizations about age, but on actual necessity.

Enforcement The Equal Employment Opportunity Commission (EEOC) enforces the ADEA for most employers. Applicants must file a charge of discrimination with the EEOC before proceeding to court. Remedies include reinstatement, back pay, and, for willful violations, liquidated damages (double back pay) under 29 U.S.C. § 626(b).

Source: 29 U.S.C. § 623 | 29 U.S.C. § 630 | 29 U.S.C. § 631 | 29 U.S.C. § 626 | General Dynamics Land Systems, Inc. v. Cline

E-Verify is the federal electronic employment eligibility verification system run by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). For most private employers, it is voluntary, but its use is mandatory in two situations: (1) for federal contractors with a contract containing the Federal Acquisition Regulation (FAR) E-Verify clause, and (2) for certain employers in states that have passed their own E-Verify requirements.

Federal contractors under FAR clause: Federal contractors awarded contracts that include the FAR E-Verify clause (52.222-54) must enroll in E-Verify within 30 calendar days after contract award. They must then use E-Verify to confirm employment eligibility for all new hires working in the United States and for existing employees assigned to the qualifying federal contract. The employer must initiate the E-Verify case for each new hire no later than the third business day after the employee starts work for pay. (See FAR 52.222-54.)

State-level mandates: Several states require use of E-Verify for certain employers, but the rules and penalties vary. For example, Arizona requires all employers to run E-Verify checks on new hires (A.R.S. § 23-214(A)), while some states only mandate E-Verify for public employers or state contractors. There is no nationwide E-Verify mandate for private employers outside of the state-law or federal-contract context.

Case creation timing: For any employer using E-Verify (voluntarily or by mandate), a case must be created no later than the third business day after the employee’s first day of paid work. This matches the Form I-9 deadline. (See E-Verify User Manual, Section 3.2.)

Tentative Nonconfirmation (TNC) process: If E-Verify returns a "Tentative Nonconfirmation" (TNC), the employer must promptly notify the employee in private, give the official Further Action Notice, and allow the employee the choice to contest. The employer cannot take adverse action (like firing or suspending) against the employee while the TNC is pending. The employee then has 10 federal government workdays to contact the relevant agency (SSA or DHS) to begin resolving the mismatch. The employer must close the case after resolution or if the employee chooses not to contest. Only after a "Final Nonconfirmation" may the employer terminate employment based on E-Verify. (See E-Verify TNC process guidance.)

Source: FAR 52.222-54 | E-Verify User Manual | E-Verify TNC process | 8 U.S.C. § 1324a

Federal law offers employers with workers in more than one state (multi-state employers) a streamlined way to meet new-hire reporting obligations. Under 42 U.S.C. § 653a(b)(1)(B), a multi-state employer may choose either to report newly hired employees to each state where they work, or to designate a single state (from among those in which the employer has employees) to receive all new-hire reports nationwide—as long as the reports are filed magnetically or electronically.

Electing the single-state reporting option

To use the single-state option, the employer must:

• Designate a state where it employs workers and where it will send all of its new-hire reports, regardless of the actual workplace location of the new employee.
• Notify the Secretary of Health and Human Services (HHS) in writing of the state selected for single-state reporting. This is required by 42 U.S.C. § 653a(b)(1)(B).
• Register with the federal Office of Child Support Enforcement (OCSE), by either (a) completing the Multi-State Employer Registration through the federal Child Support Portal, or (b) submitting a paper notification form to the OCSE. The Multistate Employer Registry (MSER) process collects the employer's name, FEIN, contact info, designated state, and a list of all states where the employer has employees.

Once registered, the designated state receives updates from the federal registry and cannot refuse or override the employer’s selection. The employer must comply with the new-hire data requirements and timelines of the state chosen, even if they go beyond the federal minimum (for example, some states ask for additional data elements or require submission within a shorter period than the federal 20-day rule—so check your chosen state’s directory page for specifics).

Reporting timeline

For employers reporting electronically, there is an additional rule: reports must be transmitted in two monthly batches, spaced between 12 and 16 days apart. The statutory deadline for paper reports remains the earlier of 20 days from the date of hire or the shorter period set by the state. This batching requirement applies only if the reporting method is electronic or magnetic (as required for the single-state option).

References and official resources

• 42 U.S.C. § 653a(b)(1)(B) sets out the single-state election and written notification to HHS: see govinfo.gov.
• Official multi-state employer guidance—including registry instructions—is published by the federal Office of Child Support Enforcement (OCSE): see Employer Responsibilities—New Hire Reporting. The MSER system is accessible through the OCSE Child Support Portal.

Source: 42 U.S.C. § 653a | OCSE—New Hire Reporting

Employers must complete Section 2 of Form I-9 (the employer’s verification of the employee’s identity and work authorization) by the later of:

• within three business days of the employee’s first day of employment, or
• by the first day of employment if the individual will work for less than three business days.

Practical example: If an employee begins work on a Monday and their employment will end before the close of business on Wednesday (i.e., they will work fewer than three business days), the employer must review the original identity and work authorization documents and fully complete Section 2 of Form I-9 no later than Monday, the first day of employment. The three-business-day allowance does not apply to very short-term hires.

This rule is intended to ensure proper authorization is verified immediately for short-duration hires, avoiding the risk of delayed compliance in situations where the employment might end before the normal I-9 deadline. If the hire is for one or two business days only, Section 2 must be done the first day. The same timing applies whether the short-term employment is planned or early ended.

Source: Form I-9 Instructions | USCIS Employer Responsibilities FOIA PDF