SHRM Files Lawsuit to Stop New Employment Eligibility Rule

Dec 23, 2008

Executive order to require E-Verify use by federal contractors in January 2009

Alexandria, Va. – The Society for Human Resource Management (SHRM) filed a lawsuit in federal court today aimed at stopping a new rule requiring federal contractors to start using the U.S. government’s E-Verify employment eligibility system.

The Executive Order is set to go into effect January 15, 2009, and would require most federal contractors and subcontractors to use E-Verify on both newly hired employees as well as those already working directly on government contracts. Under current law, federal contractors are not required to use E-Verify to confirm the work authorization of their employees.

“The E-Verify system is far from ready to be mandated on employers. Plus, the authority to mandate it lies with Congress, not a federal agency,” said Mike Aitken, SHRM’s director of government affairs. “SHRM believes the Administration is overreaching its authority by mandating an employment verification program designed by statute to be voluntary.”

In addition, SHRM said the rule is a costly requirement for federal contractors who are already verifying the work authorization of their employees using existing statutes through the regular I-9 process.

Today’s action is part of SHRM’s continuing support for an effective electronic employment verification process that is more secure, efficient and reliable at preventing unauthorized employment than the government’s current E-Verify system, which is set to expire in March 2009.

Joining SHRM as plaintiffs in today’s lawsuit are the U.S. Chamber of Commerce, Associated Builders and Contractors, Inc., American Council on International Personnel, and HR Policy Association.


About the Society for Human Resource Management

The Society for Human Resource Management (SHRM) is the world’s largest association devoted to human resource management. Representing more than 250,000 members in over 130 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the U.S. and subsidiary offices in China and India. Visit SHRM at


Job Finder

Find an HR Job Near You
Post a Job


Find the Right Vendor for Your HR Needs

SHRM’s HR Vendor Directory contains over 10,000 companies

Search & Connect