Hawaii Aliens and Immigration laws & HR compliance analysis

Hawaii Aliens and Immigration: What you need to know

Practices or policies that discriminate against immigrants legally eligible for employment may constitute discrimination on the basis of ancestry, in violation of the Hawaii Fair Employment Practice Law (HI Rev. Stat. Sec. 378-1 et seq.) and/or the Hawaii Fair Practices for Public Employees Law (HI Rev. Stat. Sec. 76-1 et seq.).
The Fair Employment Practice Law applies to all employers in the state; the Fair Practices for Public Employees Law applies to public employers only.
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It is illegal for an employer to make U.S. citizenship a condition of employment. Such requirements discriminate on the basis of national origin in violation of state law. Thus, inquiries about a person's citizenship or country of birth are unlawful because they imply discrimination on the basis of national origin.
The Hawaii Civil Rights Commission enforces the Fair Employment Practice Law. The Commission has the authority to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings; issue administrative decisions; and enforce its orders in state court. Remedies can include hiring, reinstatement or promotion, back pay, and attorneys' fees. An individual injured by a violation of the law may also, in certain circumstances, file a private lawsuit in state court to enforce rights under the law.
For additional information, visit http://labor.hawaii.gov/hcrc.
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.
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