Virginia Aliens and Immigration laws & HR compliance analysis

Virginia Aliens and Immigration: What you need to know

The Virginia Human Rights Act prohibits employment practices that discriminate on the basis of national origin. Practices or policies that discriminate against immigrants legally eligible for employment may constitute national origin discrimination in violation of the Act (VA Code Sec. 2.1-716).
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Complaints filed with the Virginia Council on Human Rights alleging unlawful discriminatory practice under a state statute that is enforced by a state agency will be referred to the enforcing agency. The Council may investigate complaints made under a federal statute or regulation and attempt to resolve complaints through conciliation.
As part of the conciliation process, the Council can issue recommendations for reinstatement or promotion and corresponding back pay, benefits, and attorney's fees. However, the Council cannot award monetary damages or injunctive relief (VA Admin. Code Sec. 25-10-120(1)).
Unresolved complaints will be referred to the federal agency with jurisdiction over the complaint (e.g., the Equal Employment Opportunity Commission (EEOC)). After a complaint is referred, the Council has no further jurisdiction over the complaint.
State law also provides that an employee working for an employer with more than 5 but fewer than 15 employees may bring an action in general district or circuit court alleging discrimination on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, or age if the employee is 40 years or older (VA Code Sec. 2.1-725).
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The federal Immigration Reform and Control Act of 1986 (IRCA) IRCA requires employers to verify the legal ...

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