Utah Aliens and Immigration laws & HR compliance analysis

Utah 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 Utah Antidiscrimination Act (UT Code Sec. 34-35-1 et seq.).
The law applies to all public employers and private employers with 15 or more employees.
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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 Antidiscrimination and Labor Division of the Labor Commission of Utah enforces the Antidiscrimination Act. The Division 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. Remedies may include hiring, reinstatement, back pay and benefits, and legal fees.
For additional information, visit http://laborcommission.utah.gov/.
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 and details on these requirements.
Utah law requires employers with more than 15 employees to verify the employment eligibility of new employees through the federal E-Verify program or Utah’s state verification program.
For additional information on the ...

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