Zamora v. Elite Logistics, Inc., Tenth Circuit, No. 04-3205, June 5, 2006

Zamora v. Elite Logistics, Inc., U. S. Court of Appeals for the Tenth Circuit*, No. 04-3205, June 5, 2006

Decision: An employer cannot request specific documentation of work authorization, but must accept valid documentation when it is provided.

When Ramon Zamora was hired in 2001, he completed a Form I-9 and presented appropriate documentation of his legal status to work in the form of an alien registration card and social security card. A few months later, his employer became aware that Zamora’s social security number had been used by someone else three different times in another state. He was given ten days to provide documentation of his authorization to work in the U.S.

Despite providing a certificate of naturalization showing he had become a U.S. citizen, he was told to provide specific social security documents, and not to return to work until he had them. He again showed his social security card, but was told the number was stolen from someone else.

The next day Zamora came into work with a social security document dated that day and bearing an official stamp, stating that number was assigned to him. After confirming the documents, Zamora was told he could return to work. He did, but asked for a written apology and an explanation of why he was terminated. The Personnel Director refused to apologize, got angry, and terminated him on the spot. Zamora sued for race and national origin discrimination.

The Court found the employer violated the Immigration Reform and Control Act (IRCA) by demanding further documentation even though Zamora had provided valid and adequate documentation, and also by requesting specific documents. The Court noted the employer never considered the possibility that Zamora could have been the victim of identity theft, but assumed he was the one using an illegitimate SSN. The Court found a reasonable jury could find that the reason for the employer’s conduct could be a pretext for unlawful discrimination. (Note: The rule of thumb for employers to follow may be to presume that employees who provide valid documentation are innocent until proven guilty.)

*The Tenth Circuit includes the states of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming.