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

The Immigration Reform and Control Act (IRCA) provides important rights to employees who are from another country and are either already in the United States or coming to the United States. In Kansas, these rights include the right to apply for work free from discrimination based on national origin, citizenship status, or immigration status. Employers cannot require job applicants to present more or different documents than are required to verify identity and employment authorization, and cannot refuse to hire an individual because valid documents have not been presented. Employers also must be sure to treat all employees equally, no matter their immigration status, and are not allowed to fire, recruit, or refer for a fee any individual based upon their citizenship or immigration status. Furthermore, employers are not allowed to treat any employee differently because of their national origin or citizenship status, nor can employers intimidate or threaten any employee with deportation due to their immigration status. Employees have the right to review documents presented by an employer to verify their identity and employment authorization, and employers must keep these documents on file for three years. Additionally, employees must be notified of their right to file a complaint about any potential discrimination based on citizenship or immigration status in Kansas, as well as who to contact to file such a complaint.

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