Massachusetts Aliens and Immigration laws & HR compliance analysis

Massachusetts Aliens and Immigration: What you need to know

The Massachusetts Fair Employment Practices Act prohibits employment practices that discriminate on the basis of national origin. Practices that discriminate against immigrants who are legally eligible to work may constitute national origin bias within the meaning of the Act. The Act covers employers with six or more employees (MA Gen. Laws Ch. 151B Sec. 1 et seq.).
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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 Massachusetts Commission Against Discrimination enforces the Fair Employment Practices Act. The Commission is authorized to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings; issue administrative orders and decisions; and seek court action for compliance.
Remedies may include hiring, reinstatement, promotion, back pay, and legal fees. A victim of illegal discrimination may also, in certain circumstances, file a private lawsuit in state court to enforce rights under the Act.
For additional information, employers should visit http://www.mass.gov/mcad.
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.
State contractors. State agencies ...

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