Arkansas Aliens and Immigration laws & HR compliance analysis

Arkansas Aliens and Immigration: What you need to know

The Arkansas Civil Rights Act prohibits employment discrimination on the basis of ancestry or national origin (AR Code Sec. 16-123-101 et seq.).
The law applies to all employers with nine or more employees in at least 20 calendar weeks in the current or preceding calendar year. Practices or policies that discriminate against immigrants legally eligible for employment may constitute ancestry or national origin discrimination in violation of the Civil Rights Act.
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The Arkansas Civil Rights Act is enforced by private lawsuit in state court. Remedies may include back pay with interest, compensatory and punitive damages, and legal fees (AR Code Sec. 16-123-107).
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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. There is additional information on these requirements.
Please see the national Immigration topical analysis for additional discussion.
IRCA and all subsequent amendments regulate the employment status of immigrants.
Preemption of state laws. IRCA provisions “preempt any state or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ or recruit or refer for a fee for employment unauthorized” immigrants (8 USC Sec. 1324a(h)(2)).
There is an exception for state laws providing that a license can be revoked if an employer has violated IRCA.
A number of state and local governments have passed ...

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