Tennessee Aliens and Immigration laws & HR compliance analysis

Tennessee Aliens and Immigration: What you need to know

The Tennessee Antidiscrimination 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 covers employers with eight or more employees (TN Code Sec. 4-21-101 et seq.).
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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 Tennessee Human Rights Commission enforces the Act. The Commission may receive, investigate, conciliate, hold hearings, and enforce its order in state court. The Commission may order the employer to stop the discriminatory practice, order hiring, reinstatement, upgrading (with or without back pay), the payment of damages (including damages for humiliation and embarrassment), plus costs including attorneys' fees (TN Code Sec. 4-21-306).
For additional information, employers should visit http://www.tn.gov/humanrights
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.
State verification requirements. The Tennessee Lawful Employment Act (TLEA) requires most public and private employers in Tennessee to obtain lawful resident/employment verification ...

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