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December 21, 2022
Effective December 23, 2022, New York State amended its Human Rights Law to prohibit discrimination, harassment, and retaliation against job applicants and employees based on their citizenship and immigration status. The law defines “citizenship or immigration status” as “citizenship of any person or the immigration status of any person who is not a citizen of the United States.”
The law expressly allows employers to verify citizenship or immigration status where required by law, and allows an employer to take adverse action based on citizenship or immigration status where such action is required by law. One law that requires reliance on citizenship and immigration status is the Immigration Reform and Control Act, which prohibits employers from knowingly hiring, recruiting, or referring for a fee any undocumented immigrant or individual unauthorized to work in the United States.
Employer Take-Aways
To ensure compliance the new law, employers should
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New York, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
