Utah Code 63G-12-302. Status verification system — Registration and use — Performance of services — Unlawful practice
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(1) As used in this section:
Terms Used In Utah Code 63G-12-302
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means an individual employed by an employer under a contract for hire. See Utah Code 63G-12-102
- Employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 63G-12-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Permit: means a permit issued under Part 2, Guest Worker Program, and includes:(12)(a) a guest worker permit; and(12)(b) an immediate family permit. See Utah Code 63G-12-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102
- Public employer: means an employer that is:(17)(a) the state of Utah or any administrative subunit of the state;(17)(b) a state institution of higher education, as defined in Section 53B-3-102;(17)(c) a political subdivision of the state including a county, city, town, school district, special district, or special service district; or(17)(d) an administrative subunit of a political subdivision. See Utah Code 63G-12-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Status verification system: includes :(21)(b)(i) the e-verify program;(21)(b)(ii) an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986;(21)(b)(iii) the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration; or(21)(b)(iv) an independent third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in Subsection (21)(b)(i), (ii), or (iii). See Utah Code 63G-12-102
- U-verify program: means the verification procedure developed by the department in accordance with Section 63G-12-210. See Utah Code 63G-12-102
- Unauthorized alien: is a s defined in Utah Code 63G-12-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Contract” means an agreement for the procurement of goods or services that is awarded through a request for proposals process with a public employer and includes a sole source contract.
(1)(b) “Contractor” means a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.
(2)
(2)(a) Subject to Subsection (5) , a public employer shall register with and use a Status Verification System to verify the federal employment authorization status of a new employee.
(2)(b) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
(3)
(3)(a) Subject to Subsection (5) , beginning July 1, 2009:
(3)(a)(i) a public employer may not enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the state; and
(3)(a)(ii) a contractor shall register and participate in the Status Verification System in order to enter into a contract with a public employer.
(3)(b)
(3)(b)(i) For purposes of compliance with Subsection (3)(a) , a contractor is individually responsible for verifying the employment status of only new employees who work under the contractor’s supervision or direction and not those who work for another contractor or subcontractor, except as otherwise provided in Subsection (3)(b)(ii) .
(3)(b)(ii) Each contractor or subcontractor who works under or for another contractor shall certify to the main contractor by affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the respective contractor or subcontractor.
(3)(c) Subsection (3)(a) does not apply to a contract:
(3)(c)(i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009, even though the contract may involve the physical performance of services within the state on or after July 1, 2009; or
(3)(c)(ii) that involves underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial or investment banking services.
(4)
(4)(a) It is unlawful for an employing entity in the state to discharge an employee working in Utah who is a United States citizen or permanent resident alien and replace the employee with, or have the employee’s duties assumed by, an employee who:
(4)(a)(i) the employing entity knows, or reasonably should have known, is an unauthorized alien hired on or after July 1, 2009; and
(4)(a)(ii) is working in the state in a job category:
(4)(a)(ii)(A) that requires equal skill, effort, and responsibility; and
(4)(a)(ii)(B) which is performed under similar working conditions, as defined in 29 U.S.C., Sec. 206 (d)(1), as the job category held by the discharged employee.
(4)(b) An employing entity, which on the date of a discharge in question referred to in Subsection (4)(a) is enrolled in and using the Status Verification System to verify the employment eligibility of its employees in Utah who are hired on or after July 1, 2009, is exempt from liability, investigation, or lawsuit arising from an action under this section.
(4)(c) A cause of action for a violation of this Subsection (4) arises exclusively from the provisions of this Subsection (4) .
(5) On and after the program start date:
(5)(a) a public employer, after hiring an employee, shall verify the employment eligibility of the new employee:
(5)(a)(i) through the status verification system if the individual does not hold a permit; and
(5)(a)(ii) through the u-verify program if the individual holds a permit; and
(5)(b) a contractor is considered to be in compliance with this section if, after hiring an employee, the contractor verifies the employment eligibility of the new employee:
(5)(b)(i) through the status verification system if the individual does not hold a permit; and
(5)(b)(ii) through the u-verify program if the individual holds a permit.