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 on the basis of national origin (MD Code Art. 49B Sec. 16). Employment practices that affect immigrants who are legally eligible for employment may constitute discrimination on the basis of national origin. The Act applies to employers with 15 or more employees.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Preemployment Inquiries. 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 based on national origin.
The Maryland Commission on Human Relations 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 Code Art. 49B Sec. 3).
Employers may receive additional information by visiting mccr.maryland.gov.
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.
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 ...

Read more about Aliens and Immigration