West Virginia Aliens and Immigration laws & HR compliance analysis

West Virginia Aliens and Immigration: What you need to know

The West Virginia Human Rights Act prohibits discrimination in employment on the basis of national origin or ancestry (WV Code Sec. 5-11-1 et seq.).
Practices or policies that discriminate against immigrants legally eligible for employment may constitute national origin discrimination within the meaning of the Act. The law applies to all public employers and private employers with 12 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 West Virginia Human Rights Commission enforces the Human Rights Act. The Commission is authorized to initiate, receive, investigate, and accept complaints; issue subpoenas; hold hearings; issue orders; and seek court action for compliance.
Remedies can include hiring, reinstatement, and back pay. An individual injured by a violation of the Act may also, in certain circumstances, file a private lawsuit in state court to enforce rights under the law.
For additional information, visit www.hrc.wv.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 on these requirements.
State law prohibition. West Virginia law prohibits employers from knowingly employing, hiring, or recruiting an ...

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