Minnesota Aliens and Immigration laws & HR compliance analysis

Minnesota Aliens and Immigration: What you need to know

The Minnesota Human Rights Act prohibits discrimination in employment on the basis of national origin (MN Stat. Sec. 363.01 et seq.).
Employment practices that discriminate against immigrants who are legally eligible for employment may constitute discrimination on the basis of national origin. The Act applies to allemployers in the state.
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Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
The Minnesota Department of Human Rights enforces the Human Rights Act. The Department must issue a charge if it believes that discrimination has occurred. It will attempt to conciliate the charge and may set it for hearing or seek relief through the courts. Remedies include orders prohibiting the discriminatory practice, hiring or reinstatement (with or without back pay). Other damages, including the payment of attorneys’ fees, may also apply.
For additional information, visit http://mn.gov/mdhr/
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.
Please see the Immigration topical analysis for additional discussion.
E-Verify requirement for state contracts. Contracts for services valued in excess of $50,000 must require certification from the vendor and any subcontractors that, as ...

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