Utah Code 63G-12-303. 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:
Terms Used In Utah Code 63G-12-303
- 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
- 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
- Private employer: means an employer who is not the federal government or a public employer. See Utah Code 63G-12-102
- Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102
- Program start date: means the day on which the department is required to implement the program under Subsection 63G-12-202(3). 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
- Unauthorized alien: is a s defined in Utah Code 63G-12-102
(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.