Kansas Aliens and Immigration laws & HR compliance analysis

Kansas Aliens and Immigration: What you need to know

The Kansas Act Against Discrimination prohibits discrimination in employment on the basis of national origin or ancestry (KS Stat. Sec. 44-1001 et seq.).
Practices or policies that discriminate against immigrants legally eligible for employment may constitute national origin discrimination within the meaning of the Act. The law applies to all public employers and private employers with four 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 Kansas Human Rights Commission enforces the Act Against Discrimination. The Commission has the authority to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings; issue administrative decisions and orders; and enforce its rulings in state court. Remedies may include hiring, reinstatement or promotion, back pay, and damages for pain and suffering. An individual injured by a violation of the Act may also, in certain circumstances, file a private lawsuit in state court to enforce rights under the law.
For additional information, visit http://www.khrc.net
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.
IRCA and all subsequent amendments regulate the employment status of immigrants.
Preemption of state laws.

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