Transcript IRCA Team Presentation v2 - MGMT-612-Strategic-HRM

Immigration Reform and
Control Act (IRCA)
Al Renner
Lois Robinson
Edward Taylor
References
• Walsh, D.J., Mathis, R.L., Jackson, J.H., & Pica, M.R.
(2008). Employment practices and the law. Mason, OH:
Thomson South-Western.
• United States Department of Agriculture, USDA. (2000).
Immigration reform and control act of 1986. From
http://www.ers.usda.gov/publications/ah719/ah719f.pdf
What is IRCA?
• IRCA (Pub. L. 99-603, Nov. 6, 1986, 100 Stat.
3359) is a law that was created with the
intention to reduce (and ultimately stop) illegal
immigration to the United States, which was
perceived as an economic problem for the U.S.
economy.
Impact on Workplace - Main
Requirements
• Employers may not knowingly hire or retain
employees who are unauthorized aliens
• Employers may not discriminate in hiring or
terminating employees on the basis of national
origin
Impact on Workplace - Specific
Requirements
• Verify employment eligibility of new hires within
3 days
• View documents to establish identity and right to
work in the U.S.
• Record documents on I-9 forms.
• Retain I-9 for 3 years after hire or 1 year after
termination
Political
Financial - TEXT BELOW IS FOR
REFERENCE, I SUGGEST SUMMARIZING IT.
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Under the employer sanctions of IRCA, employers who knowingly hire aliens not authorized to work in the United
States are subject to fines ranging from 250 to $10,000 for each unauthorized alien. Any employer who shows a
persistent pattern of hiring unauthorized aliens risks a maximum 6-month prison sentence. Every employer,
therefore, is required to verify that all employees hired after December 1,1988, are eligible to work in the United
States
An employer found guilty of discriminating against any individual authorized to work in the United States may be
required to pay a civil penalty of not less than $250 and not more than $2,000 for each individual discriminated
against. In the case of repeat offenders, these penalties may go as high as $10,000 for each individual
discriminated against.
Moral
Ethical
• 2nd provision added to prevent employers from
reacting by not those who look/sound foreign