Montana Aliens and Immigration laws & HR compliance analysis

Montana Aliens and Immigration: What you need to know

Discriminatory practices or policies against immigrants who are legally eligible for employment may constitute discrimination based on the basis of national origin in violation of the Montana Human Rights Act (MT Code Sec. 49-2-101et seq.).
The law applies to all employers in the state.
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The Montana Human Rights Bureau enforces the Human Rights Act. The Commission is authorized to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings and issue administrative orders and decisions; and enforce its orders in state court. Remedies can include cease-and-desist orders, reasonable corrective measures and pecuniary damages, and legal fees. A finding of willful discrimination is also a criminal misdemeanor. In certain instances, a person alleging discrimination may also file a private lawsuit in state court.
For additional information, visit http://erd.dli.mt.gov/human-rights.
The 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.
The federal 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 for a fee for employment unauthorized” immigrants (8 USC Sec. 1324a(h)(2)).
There is an exception ...

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