What are the rights of employees under the Immigration Reform and Control Act?

Under the Immigration Reform and Control Act, commonly known as IRCA, Hawaii employees enjoy certain rights and protections. Employees are legally entitled to receive equal employment opportunities, regardless of their immigration status. This means, that employers are prohibited from discriminating against job candidates, employees, or their family members based on their national origin or citizenship status. In addition, employers are also required to complete and keep a record of the employment eligibility form, known as Form I-9, for each person they hire. The form must be completed and submitted within 3 days of the employee’s start date. Employers must also keep a copy of the form on file and make it available for inspection if requested. Finally, employers are prohibited from knowingly hiring undocumented workers. They are also prohibited from taking steps to prevent employees from using the rights they have under the Immigration Reform and Control Act. Employers must also make reasonable efforts to prove that all their employees have been verified for employment eligibility. Overall, the Immigration Reform and Control Act provides Hawaii employees with protections and rights that cannot be taken away. Employers must comply with the IRCA and cannot discriminate against potential or current employees based on their immigration status. They must also complete and keep the forms necessary for employment eligibility and verify that their employees are eligible for employment.

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