Idaho Aliens and Immigration laws & HR compliance analysis

Idaho Aliens and Immigration: What you need to know

Employer practices or policies that discriminate against immigrants legally eligible for employment may constitute discrimination on the basis of national origin, in violation of the Idaho Human Rights Act (ID Code Sec. 67-5901 et seq).
The Act applies to all public employers and private employers with five or more employees. Candidates for employment should not be asked about their citizenship, but may be asked if they are legally eligible to work in the United States and whether they can furnish such proof if hired.
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The Idaho Human Rights Commission (IHRC) enforces the Idaho Human Rights Act. The IHRC has the authority to initiate, receive, and investigate discrimination complaints, issue subpoenas, hold hearings, issue administrative decisions and orders, and enforce its orders in state court. A person alleging discrimination may also file a private lawsuit in state court. Remedies can include cease and desist orders, employment, reinstatement and promotion, lost wages, benefits, and punitive damages.
One purpose of the IHRC is to be consistent with federal laws on discrimination such as the Civil Rights Act of 1964, as amended, and the Age Discrimination in Employment Act of 1967, as amended. Therefore, the IHRC will follow federal guidelines when dealing with issues involving immigrants and immigration.
For additional information, visit humanrights.idaho.gov.
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.

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