Florida Aliens and Immigration laws & HR compliance analysis

Florida 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 Florida Civil Human Rights Act (FL Stat. Sec. 760.10 et seq.).
The Act applies to all public employers and private employers with 15 or more employees.
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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 Florida Commission on Human Relations administers and enforces the Act. The Commission has the authority to initiate, receive, and investigate discrimination complaints; hold hearings; and issue orders for affirmative relief, including back pay limited to 2 years prior to the filing of the complaint.
In certain circumstances, an individual may bring a civil action in court where remedies may include punitive damages of up to $100,000. The state's attorney general may also file a civil suit against any person or group that has engaged in a pattern or practice of discrimination.
For additional information, visit http://fchr.state.fl.us.
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.
Public employers and state contractors. All Florida state ...

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