Immigration Reform and Control Act (IRCA) Al Renner Lois Robinson Edward Taylor

Immigration Reform and Control Act (IRCA)Al RennerLois RobinsonEdward 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.

• 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

•Right to earn a living

•Abundant job pool

Ethical

•Legal alien discrimination

•Employ authorized workers