Pennsylvania Aliens and Immigration laws & HR compliance analysis

Pennsylvania Aliens and Immigration: What you need to know

The Pennsylvania Human Relations Act 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 Act. The Act applies to employers with four or more employees (43 PA Stat. Sec. 951 et seq.).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
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 Pennsylvania Human Relations Commission enforces the Human Relations Act. The Commission is authorized to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings; issue administrative decisions and orders; and enforce its orders in state court. Discrimination complaints must be filed within 180 days after the alleged act of discrimination.
Remedies may include hiring, reinstatement, or promotion; back pay; actual damages; and civil penalties. A person alleging illegal discrimination may also, in certain circumstances, file a private lawsuit in state court to enforce rights under the Act (PA Stat. Tit. 43 Sec. 959).
For additional information, visit www.phrc.state.pa.us.
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 ...

Read more about Aliens and Immigration