Indiana Aliens and Immigration laws & HR compliance analysis

Indiana Aliens and Immigration: What you need to know

The Indiana Civil Rights Law prohibits discrimination in employment because of ancestry or national origin (IN Code Sec. 22-9-1-2). Employment practices that discriminate against immigrants legally eligible to work may constitute national origin or ancestry discrimination. The Law covers employers with six 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 Law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
The Law is enforced by the Indiana Civil Rights Commission, which is authorized to receive, initiate, investigate, and conciliate discrimination complaints; adopt regulations; issue subpoenas; hold hearings; and issue administrative orders that are enforceable in state court.
For additional information, visit http://www.in.gov/icrc.
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 and details on these requirements.
E-Verify encouraged for private employers. Indiana has enacted a number of provisions intended to encourage private employers to enroll in and use the federal E-Verify program for determining whether employees are eligible to work in the United States.
The provisions provide sanctions for employing unauthorized individuals, such as denial of tax ...

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