Workplace Compliance in March
News February 25, 2025
March is a crucial time to assess your HR compliance strategies and stay ahead of evolving regulations. With the year well underway, new legal updates and enforcement trends are shaping workplace policies. To keep you informed and proactive, we’ve compiled the most important compliance updates for March—helping you mitigate risks and ensure your organization remains compliant.
Audit Your I-9 Process:
With increased scrutiny of immigration compliance, human-resource professionals must ensure that their Form I-9 processes are accurate, up-to-date, and legally compliant.
The Form I-9, required for all U.S. employers, verifies the identity and employment authorization of individuals hired to work in the country. However, common mistakes—such as missing signatures, incorrect document verification, or failure to reverify work authorizations—can expose organizations to costly fines and legal risks. Conducting a proactive I-9 audit not only helps identify and correct these issues but also demonstrates good faith compliance in the event of a government inspection.
Below are some of the steps to auditing I-9 forms effectively, ensuring your organization remains compliant and prepared.
- Familiarize yourself with the most up-to-date form and instructions, which can be found here.
- Determine whether you will review all Form I-9s or just a random sampling. If it’s a random sampling, it must be truly random such as following an alphabetical list and reviewing every third form. This process will also help to identify any missing forms.
- Develop a process for amending any incorrect fields.
- For minor errors, use a single line to cross out incorrect information, write the correction, and initial/date the change.
- If errors are extensive, consider completing a new Form I-9 and attaching it to the original with an explanatory note.
- Complete new Form I-9s for any that are missing.
- Request missing I-9 forms from employees if still within the employment period.
- Document efforts to resolve missing or incomplete forms.
- Document corrections made and actions taken for incomplete or missing forms.
- Provide training for HR staff on proper I-9 procedures to prevent future errors.
For steps 6-9, please visit the AIM Blog here (AIM membership required).
To view the M-274 Handbook with instructions, click here.
Need assistance? Contact us at HRInfo@AIMHRSolutions.com!
Ensure Compliance with Immigration Laws:
With increased immigration enforcement by ICE, employers must stay informed and proactive. Ensure compliance while protecting employees by:
✅ Communicating with Employees – Post Know Your Rights materials and ensure multilingual access.
✅ Reviewing Policies – Verify Form I-9 compliance and uphold anti-discrimination policies.
✅ Establishing a Response Plan – Designate a company rep for ICE interactions and educate managers.
✅ Supporting Employees – Provide EAP resources and update contact information.
Need assistance? Contact us at HRInfo@AIMHRSolutions.com!
Massachusetts Pay Transparency Law:
Join the Massachusetts Office of the Attorney General for the webinar, “Guidance on Employers’ Obligations and Employees’ Rights Under the Wage Transparency Act.”
March 6 | 10 AM – Register here
April 8 | 11 AM – Register here
MCAD Discrimination Trends:
The recently released Fiscal Year (FY) 2024 Massachusetts Commission Against Discrimination (MCAD) annual report offers employers a glimpse into the trends in recent discrimination litigation in Massachusetts.
The total number of claims filed in FY 2024 (July 1, 2023, through June 30, 2024) trended sharply upward. The number of claims increased by more than 450 over FY 2023, jumping from 3,086 to 3,553. The increase in claims may indicate a greater number of employees returning to the workplace, leading to an increase in allegedly discriminatory interactions among employees or with management. Despite this upward trend, the numbers remain below the higher complaint volumes of the late 2010s.
Total new claims filed over the past three years:
- 3,553 in FY2024
- 3,086 in FY2023
- 2,822 in FY2022
Although claims filed at the MCAD include public and private housing, public accommodation, and education discrimination, 79% (2,814) of the 3,553 complaints filed in FY 2024 were related to employment discrimination.
MCAD Process
An employer must develop a comprehensive and carefully considered response to a discrimination charge(s). Below are a few key facts to keep in mind:
- When a discrimination claim is filed with the MCAD, the agency first must determine whether the claim should be allowed to proceed (i.e., probable cause, PC) or be dismissed (lack of probable cause, LOPC).
- In FY 2024, the MCAD determined there was a lack of probable cause in 84% of all cases, an increase from the FY 23 percentage of 80.4%.
- The MCAD website indicates that an investigation typically takes 18 to 22 months before it can decide on probable cause or lack of probable cause.
- The MCAD’s backlog continued to grow, though not as sharply as last year. It went from 1800 to 1851, much less than the 400-case increase in FY 2023. The case backlog has continued to grow since 2019, when it was 285. The MCAD defines a backlog case as more than 18 months old.
The growing backlog of cases, combined with the increase in total filings, may pressure employers to settle cases that remain before the MCAD. On the other hand, a finding of no probable cause means that the claim is likely over, although claimants can file an internal MCAD appeal or proceed with a court claim.
The one caveat is that approximately 24% of all the complaints brought were voluntarily removed from the MCAD and then filed in the court system, so they never went through the entire MCAD review process to determine probable cause or no probable cause. These tend to be cases where the claimant/employee is confident that they have a strong case with a great likelihood of success and believe they may recover greater damages in a court proceeding.
What Does This Mean for Employers?
The MCAD remains a highly active enforcement agency. Ensuring proper documentation, following your own reasonable and carefully crafted policies, and providing consistent treatment of employees will aid in responding to any charge of discrimination.
The high volume of claims reported to the MCAD highlights that many employees or former employees are aware of their ability to file a claim if they believe they have been discriminated against or treated unfairly in the workplace. Furthermore, the sexual harassment policy that employers of six or more employees issue at the time of hire to new employees and annually to all employees includes information about how to file with the MCAD and the 300-day statute of limitations.
Good News for Employers
Despite the challenges, the data provide some encouraging signs for employers. The 84 percent of claims that lacked probable cause led to many being dismissed by the MCAD. This success rate likely reflects the efforts of employers with effective policies in place, consistent enforcement, and solid, credible documentation to explain their actions and decisions. For many companies, it also highlights the importance of fostering a workplace culture where employees feel comfortable raising complaints internally. Resolving issues early within the company can help prevent cases from escalating to the MCAD.
The MCAD operates offices in Boston, Worcester, and Springfield. The MCAD also notes that it struggles with hiring and staffing goals, likely contributing to its increasing backlog.
A Reminder for Employers
The MCAD report also reminds employers to remain vigilant in their workplaces to ensure that discriminatory behavior does not occur and that, if it does, they take steps to resolve it internally as quickly as possible. One of the best lines of defense is training your employees, especially your supervisors, on recognizing discrimination and what to do when they see it.
Need training? AIM HR Solutions offers on-site and virtual sexual harassment and discrimination awareness and prevention training. If you are interested, please contact us at HRInfo@AIMRHSolutions.com.