Kentucky Aliens and Immigration laws & HR compliance analysis

Kentucky Aliens and Immigration: What you need to know

The Kentucky Civil Rights Act prohibits discrimination in employment based on national origin (KY Rev. Stat. Sec. 344.010 et seq.).
Discrimination against immigrants who are legally eligible for employment could constitute discrimination based on national origin in violation of this state law. The Act applies to employers with eight or more employees.
Kentucky law also prohibits discrimination against applicants or employees in state classified service or employees, including teachers, of any district board of education (KY Rev. Stat. Sec. 18A.140, Sec. 161.162).
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Citizenship requirements that are made a condition of employment discriminate based on national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination based on national origin.
The Kentucky Commission on Human Rights enforces the Kentucky Civil Rights Act. The Commission is authorized to initiate, receive, and investigate discrimination complaints; conciliate agreements; issue subpoenas; hold hearings; issue administrative decisions and orders; and enforce its orders in state court.
Remedies include hiring, reinstatement, or promotion; back pay; compensatory damages; and costs. A person alleging illegal discrimination may also, under certain circumstances, file a private lawsuit in state court to enforce rights under the law.
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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 ...

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