North Dakota Aliens and Immigration laws & HR compliance analysis

North Dakota Aliens and Immigration: What you need to know

Practices or policies that discriminate against immigrants legally eligible for employment may constitute discrimination on the basis of national origin, in violation of the North Dakota Human Rights Act (ND Cent. Code Sec. 14-02.4-01 et seq.). The Act applies to all employers in the state.
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The North Dakota Department of Labor enforces the Human Rights Act. The Department has the authority to receive and investigate discrimination complaints and to attempt to obtain voluntary compliance through informal advice, negotiation, or conciliation (ND Cent. Code Sec. 14-02.4-20).
Individuals who feel they have been injured in violation of the Act may file a complaint with the Department of Labor and may also bring a private lawsuit in state court. Remedies may include temporary or permanent injunctions, equitable relief, back pay, and legal fees.
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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.
Please see the Immigration topical analysis for additional discussion.
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 for state laws providing ...

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