North Carolina Aliens and Immigration laws & HR compliance analysis

North Carolina Aliens and Immigration: What you need to know

The North Carolina Equal Employment Practices Act protects employees and prospective employees from discrimination based on national origin. The Act covers employers with 15 or more employees (NC Gen. Stat. Sec. 143-422.2).
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The North Carolina Equal Employment Practices Act is enforced by the Human Relations Commission. The Commission is authorized to investigate and resolve complaints informally by conference or conciliation, hold hearings, and issue administrative rulings. If the Commission is unable to reach conciliation successfully, charges may be referred to the federal Equal Employment Opportunity Commission (EEOC).
Complaints of employment discrimination by public employees are filed with the Civil Rights Division in the Office of Administrative Hearings. The Division provides a forum for an independent hearing before an administrative law judge when a dispute with a state agency arises involving a person's rights, duties, or privileges that cannot be resolved through informal procedures (NC Admin. Code Tit. 26 Chap. 3).
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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.
Private employers. North Carolina law has been amended to require employers with 25 or more employees in North Carolina to use the federal E-Verify system to confirm the employment eligibility of newly hired employees.
The state law requires covered employers, after hiring an employee to ...

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