The law also protects employers under the "Good Faith Effort" to verify a person’s identity. In short, an employer just has to ask and see documents requested on the I-9. Employers don’t necessarily have to prove the documents are real or fake. Unless, the document is and obvious fake. So why go to the extra effort to actually verify a birth document?
Agreed. I wonder if the prospective employer that invests the time and effort of going that extra mile in document verification would expose himself to liability of some sort. It would appear to me that at very least privacy rights are being violated. Verification of documentation presented to obtain Federal Identification is way off the scope of employer rights. IMO