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 based on 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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Certain establishments are required to display a notice providing information for relief resources and hotlines for victims of human trafficking. Hotels, motels, airports, train stations serving passengers, bus stations, and other businesses must display the poster in a conspicuous place where notices and posters are typically kept (AR Code Sec. 12-19-102). A sample poster is available at More information is available.
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.
IRCA and all subsequent amendments regulate the employment status of immigrants.
Preemption of state laws. IRCA provisions “preempt any ...

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