Employment and Labor Law
Immigration Reform and Control Act (IRCA)
Does the Immigration Reform and Control Act apply to Patricia’s restaurant? Explain.
“The law enacted on November 6, 1986 Public Law 99-603 (Act of 11/6/86), that permitted adjustment to lawful permanent residence for various groups of persons illegally in the United States, as well as sanctions against employers who knowingly hired persons not authorized to work in the United States” (IRCA, 2010).
Employment law protects other rights of employees, as well as employers. Laws are enacted to institute principles that employers must adhere to, to supply benefits, for health insurance, and coverage for health problems that arise due to conditions of the job or workplace. “Employment law also includes protection against discrimination in the workplace based on race, gender, religion, disability, or veteran status, and makes provisions for the employment of foreigners. Employment law protects our rights as human beings. Employment law ensures that employees cannot be overworked, placed in an unhealthy or dangerous environment, or rendered unable to work without appropriate compensation. Employment law also guarantees that workers can’t be unfairly discriminated against, and allows foreigners a period of time during which they can legally work in the country.” The Immigration Reform and Control Act of 1986 applies to Patricia’s restaurant as a result of this law preserving jobs for employees who are legally entitled to work in the United States, such as authorized aliens and American citizens (Employment Law, 2010).
What are the consequences to an employer if it hires an unauthorized alien?
“The Immigration and Naturalization Service IRCA prohibits employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work. As a result of this law, all employers are required to verify both the identity and employment eligibility of all regular, temporary, casual, and student employees hired after November 6, 1986, and complete and retain a one-page form (INS Form I-9) documenting this verification. Failure to comply with these requirements may result in both civil and criminal liability with the imposition of substantial fines ranging from $100 to $1,000 per hire, as well as possible imprisonment for a pattern or practice of noncompliance. Most importantly, failure to verify a new employee’s identity and employment eligibility will result in the termination of employment for that employee.” (IRCA, 2010)
Do you agree with these consequences? Explain.
I agree with the consequences of hiring unauthorized aliens to work in the United States. As long as the law is not unconstitutional and lends itself to racial profiling, or to anyone appearing to be an immigrant. I agree that there is room for more stringent laws to be implemented to control United States borders.