Vermont Aliens and Immigration laws & HR compliance analysis

Vermont Aliens and Immigration: What you need to know

The Vermont Fair Employment Practices Act prohibits discrimination in employment on the basis of national origin (VT Stat. Tit. 21 Sec. 495et seq.).
Discrimination against immigrants who are legally eligible for employment could constitute discrimination on the basis of national origin in violation of these state laws. The Act applies to all employers.
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The Vermont Attorney General's Office of Civil Rights enforces the Fair Employment Practices Act for employees of private employers. The Human Rights Commission enforces the Fair Employment Practices Act for state employees. The Office of Civil Rights has the authority to seek civil penalties, restrain prohibited acts, seek civil penalties, and conduct investigations.
Any person alleging unlawful discrimination may bring an action in state court. Remedies include back pay and restoration of benefits, reinstatement, punitive damages, cease and desist orders, litigation costs, and attorneys' 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.
There is additional information on these requirements.
Please see the national 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 ...

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