Maryland Aliens and Immigration laws & HR compliance analysis

Maryland Aliens and Immigration: What you need to know

The Maryland Fair Employment Practices Act prohibits discrimination in employment based on national origin (MD State Govt. Code Sec. 20-606). Employment practices that affect immigrants who are legally eligible for employment may constitute discrimination based on national origin.
The Act applies to employers with 15 or more employees.
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Preemployment Inquiries. 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 Maryland Commission on Civil Rights enforces the Fair Employment Practices Act. The Commission has the authority to receive, initiate, investigate, and conciliate discrimination complaints; order repayment of lost wages, promotion, or reinstatement; adopt regulations; issue subpoenas and administrative orders; and enforce its orders in state court (MD State Govt. Code Sec. 20-1010).
Employers may receive additional information by visiting
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. IRCA provisions “preempt any state or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ or recruit or refer ...

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