§ 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:

(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.

Enacted by Chapter 18, 2011 General Session