Human Resources. It’s a living thing. State and Federal rules and regulations combined with business protocol and best practices. It’s a field that requires knowledgeable and determined professionals. Usually the path to equitable solutions is clear. But what about the time when implementing the reasonable accommodation under ADA crosses into the privacy regulations of HIPPA? Or, federal exemptions regarding state statues cross paths under ERISA? The truth is that the HR professional can become personally liable. Let’s talk about a few places where liability can creep in. Under the Immigration Reform and Control Act (IRCA) the law criminalizes knowingly hiring an illegal immigrant, along with financial and other penalties for employing them. This act introduced the I-9 form to ensure that documentary proof of employability was provided, however there are plenty of methods potential hires have found in forging their documentation. And, hiring personnel could still be found negligent in a possible case of employing an illegal immigrant.
30 March, 2012