New York Aliens and Immigration laws & HR compliance analysis

New York Aliens and Immigration: What you need to know

The New York Human Rights Law 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 Law. The Law applies to employers with four or more employees (NY Exec. Law Sec. 296).
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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 New York Division of Human Rights enforces the Human Rights Law. The Division has the power to hold hearings; receive, investigate, and pass upon complaints; and enforce its orders in state court. Remedies include ordering the employer to stop the discriminatory practice; order hiring, reinstatement, or upgrading of employees (with or without back pay); and the payment of compensatory damages.
For additional information, visit www.dhr.ny.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 on these requirements.
Requirements for local contractors. Certain localities (for example, Suffern Village) may impose E-Verify requirements upon contractors and vendors providing services directly to the locality.
IRCA and all ...

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