Arizona Aliens and Immigration laws & HR compliance analysis

Arizona Aliens and Immigration: What you need to know

The Arizona Civil Rights Act prohibits discrimination based on national origin (AZ Rev. Stat. Sec. 41-1401 et seq.).
Employment practices that affect immigrants who are legally eligible for employment may constitute discrimination based on national origin. The Act applies to employers with 15 or more employees, employment agencies, and labor organizations.
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Citizenship requirements that are a condition of employment discriminate based on national origin and are in violation of state law. Inquiries about a person's citizenship or country of birth are also unlawful and imply discrimination based on national origin.
The Arizona Civil Rights Division enforces the Civil Rights Act. Charges must be filed with the Division within 180 days of the alleged discriminatory employment practice. If discrimination is found and conciliation is unsuccessful, the Division may then file suit. Remedies by the court may include reinstatement or hiring (with or without back pay), reasonable attorneys' fees, and court costs.
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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.
Arizona law requires that every employer, after hiring an employee, verify the employment eligibility of the employee through the E-Verify Program (AZ Rev. Stat. Sec. 23-214).
IRCA and all subsequent amendments regulate the employment ...

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