Legal Status Requirement
BP 4111.20
LEGAL STATUS REQUIREMENT All Personnel
The district shall hire only citizens and aliens who are lawfully authorized to work in the United States. The district will verify the identity and employment eligibility of all individuals hired to work. The district will not continue the employment of an individual upon knowledge that he or she is no longer lawfully authorized to work in the United States.
District employment practices shall not discriminate on the basis of citizenship status or national origin, nor shall they discriminate against any refugees, grantees of asylum, or persons qualified for permanent or temporary residency.
(cf. 4111/4211 - Recruitment and Selection)
| Note: Employers may be subject to fines and/or imprisonment if they fail to request evidence of employment eligibility or if they knowingly hire or continue to employ undocumented workers. Under 2009 amendments to federal regulations, the term “knowing” includes not only actual knowledge but also knowledge which may fairly be inferred through notice of certain facts and circumstances which would lead a person, through the exercise of reasonable care, to know about a certain condition. Constructive knowledge may include, but is not limited to, situations where an employer: (i) fails to complete or improperly completes the Employment Eligibility Verification Form, 1-9; (ii) has information available to it that would indicate that the alien is not authorized to work, such as Labor Certification and/or an Application for Prospective Employer; or (iii) acts with reckless and wanton disregard for the legal consequences of permitting another individual to introduce an unauthorized alien into its work force or to act on its behalf. Knowledge that an employee is unauthorized to work may not be inferred from an employee’s foreign appearance or accent. |
All new employees shall show appropriate documents which certify that they are legally eligible to work in the United States, as required by law.
Legal Reference:
UNITED STATES CODE
U.S.C. 1324 Immigration and Nationality Act, as amended by Immigration Reform and Control Act of 1986 and Immigration Act of 1990
CODE OF FEDERAL REGULATIONS
8 C.F.R. Part 274(a) Control of Employment of Aliens
KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Adoption Date: 10/13/99
Revision Date: 7/14/2010