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 based on 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.).
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Citizenship requirements that are made a condition of employment discriminate based on national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination based on 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).
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Certain establishments are required to display a notice providing information for relief resources and telephone hotlines for victims of human trafficking. Businesses required to post include airports, train and bus stations, truck stops, adult entertainment businesses, and alcohol and personal service establishments that have been cited under drug ...

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