§ 63G-12-303 — Liability protections.

(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:

(1)(a) the private employer complies with Subsection 63G-12-301(2); and
(1)(b) the information obtained after verification under Subsection 63G-12-301(2) indicates that:
(1)(b)(i) the employee's federal legal status allowed the private employer to hire the employee; or
(1)(b)(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:

(2)(a) the private employer complies with Subsection 63G-12-301(2); and
(2)(b) the information obtained after verification under Subsection 63G-12-301(2) indicates that the employee:
(2)(b)(i) was an unauthorized alien; and
(2)(b)(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.

Legislative History

Enacted by Chapter 18, 2011 General Session