Citizenship and Immigration Status
On December 23, 2022, Gov. Hochul signed Bill A6328A/S6586. The bill amends New York Executive Law, Article 15 (i.e. the New York Human Rights Law), to prohibit discrimination based on an individual’s citizenship or immigration status. As often is the case, this law is similar to an already existing law in New York City.
The term “citizenship or immigration status” is defined to mean the citizenship of any person or the immigration status of any person who is not a citizen of the United States. The law clarifies that it does not preclude verification of citizenship or immigration status where required by law. Additionally, the law does not prohibit an adverse action based on verification of citizenship or immigration status where the adverse action is required by law. By way of example, employers are not permitted by law to hire individuals that do not have work authorization for employment in the United States. Accordingly, refusing to hire an individual under those circumstances would not run afoul the new law.
Employers must also still comply with the Immigration Reform and Control Act (IRCA) of 1986, and complete a Form I-9 upon hiring a new employee to work in the United...
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