Liability protections.

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  • (1) On or after the program start date, a private employer may not be held civilly liable under state law in a cause of action for the private employer's unlawful hiring of an unauthorized alien if:
    • (a) the private employer complies with Subsection 63G-12-301(2); and
    • (b) the information obtained after verification under Subsection 63G-12-301(2) indicates that:
      • (i) the employee's federal legal status allowed the private employer to hire the employee; or
      • (ii) on and after the program start date, the employee held a valid permit.
  • (2) On or after the program start date, a private employer may not be held civilly liable under state law in a cause of action for the private employer's refusal to hire an individual if:
    • (a) the private employer complies with Subsection 63G-12-301(2); and
    • (b) the information obtained after verification under Subsection 63G-12-301(2) indicates that the employee:
      • (i) was an unauthorized alien; and
      • (ii) on and after the program start date, does not hold a valid permit.
  • (3) This chapter does not create a cause of action, on the basis of discrimination or otherwise, for not hiring an individual who holds a permit.
  • (4) This section applies to a private employer that verifies the employment eligibility of a new employee as described in Subsection 63G-12-301(2) regardless of whether the private employer has less than 15 employees within the state.




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