Monday, June 11th, 2018

OCAHO on ‘constructive knowledge’ for I-9 purposes

"Context matters. The totality of the circumstances matters. Inferences are drawn from facts, not from legal syllogisms and not from the air.  The undisputed facts presented here are that [X] made a commitment in 2000 to reverify the employment eligibility of 34 named individuals, and that three of those individuals somehow got hired four to eight years later without the reverification [X] promised. This record is otherwise devoid of evidence as to any surrounding facts and circumstances from which it may be inferred that [Y] and [Z] were hired because [X] or others at [X] failed to exercise reasonable care, abandoned their 1-9 responsibilities, elected to look the other way, acted recklessly, or otherwise engaged in culpable conduct. … Aramark warns us that the concept of constructive knowledge must be narrowly construed and sparingly applied. 530 F.3d at 824-85. Collins, too, cautions us against taking too expansive a view of constructive knowledge. 948 F.2d at 554-55.