New Jersey Aliens and Immigration laws & HR compliance analysis

New Jersey Aliens and Immigration: What you need to know

The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination in employment on the basis of national origin (NJ Rev. Stat. Sec. 10:5-12).
The law applies to all employers. Employment practices that affect immigrants who are legally eligible to work may constitute discrimination on the basis of national origin. However, an employer may restrict employment to citizens of the United States if the restriction is required by federal law or is otherwise necessary to protect the national interest (NJ Rev. Stat. Sec. 10:5-12(a)).
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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. Employers are required 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.
The New Jersey Division on Civil Rights enforces the NJLAD.
For further information, visit http://www.state.nj.us/lps/dcr/index.html.
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 ...

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