Alaska Aliens and Immigration laws & HR compliance analysis

Alaska Aliens and Immigration: What you need to know

Practices or policies that discriminate against immigrants legally eligible for employment may constitute national origin discrimination within the meaning of the Alaska Human Rights Law (AK Stat. Sec. 18.80.220).
The law applies to all employers in the state.
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Preemployment Inquiries. Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
The Alaska Commission for Human Rights enforces the Human Rights Law. The commission is authorized to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings and issue administrative decisions and orders; and enforce its orders in state court.
Remedies can include cease-and-desist orders, hiring, reinstatement or promotion, back pay, and legal fees. A willful violation of the Human Rights Law is a criminal misdemeanor punishable by a fine of up to $500 or jail time of up to 30 days. In certain instances, a person alleging discrimination may also file a private lawsuit in state court (AK Stat. Sec. 18.80.060).
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The federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the legal status and right to work of all new hires. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.
Please see the Immigration topical analysis for additional discussion.
IRCA and all subsequent amendments regulate the ...

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