(a) It shall be a discriminatory practice for a business entity or employer to fail to hire a job applicant who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) or discharge an employee working in Alabama who is a United States citizen or an alien who is authorized to work in the United States as defined in 8 U.S.C. § 1324a(h)(3) while retaining or hiring an employee who the business entity or employer knows, or reasonably should have known, is an unauthorized alien.
(b) A violation of subsection (a) may be the basis of a civil action in the state courts of this state. Any recovery under this subsection shall be limited to compensatory relief and shall not include any civil or criminal sanctions against the employer.
(c) The losing party in any civil action shall pay the court costs and reasonable attorneys fees for the prevailing party; however, the losing party shall only pay the attorneys fees of the prevailing party up to the amount paid by the losing party for his or her own attorneys fees.
(d) The amount of the attorneys fees spent by each party shall be reported to the court before the verdict is rendered.
(e) In proceedings of the court, the determination of whether an employee is an unauthorized alien shall be made by the federal government, pursuant to 8 U.S.C. § 1373(c). The court shall consider only the federal government's determination when deciding whether an employee is an unauthorized alien. The court may take judicial notice of any verification of an individual's immigration status previously provided by the federal government and may request the federal government to provide further automated or testimonial verification.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 13 - Illegal Immigration.
Section 31-13-1 - Short Title.
Section 31-13-2 - Legislative Findings.
Section 31-13-3 - Definitions.
Section 31-13-4 - Memorandum of Agreement With u.s. Department of Homeland Security.
Section 31-13-8 - Enrollment or Attendance at Institutions of Postsecondary Education.
Section 31-13-9 - Verification of Employment Eligibility by Employers Seeking Economic Incentives.
Section 31-13-10 - Willful Failure to Complete or Carry Alien Registration Documentation.
Section 31-13-11 - Unauthorized Aliens Prohibited From Seeking Employment in State.
Section 31-13-13 - Concealing, Harboring, Shielding, etc., Unauthorized Aliens.
Section 31-13-14 - Dealing in False Identification Documents; Vital Records Identity Fraud.
Section 31-13-15 - Employment of Unauthorized Aliens Prohibited.
Section 31-13-16 - Certain Business Expense Deductions Prohibited.
Section 31-13-17 - Discriminatory Employment Practices.
Section 31-13-22 - Enforcement of Chapter in Coordination With Federal Immigration Laws.
Section 31-13-23 - Enforcement Report.
Section 31-13-24 - Solicitation, Attempt, or Conspiracy to Violate Chapter.
Section 31-13-25 - E-Verify Employer Agent Service.
Section 31-13-26 - Enforcement of Certain Contracts Prohibited.
Section 31-13-28 - Voter Registration Eligibility and Requirements.
Section 31-13-29 - Limitations on Public Records Transactions Conducted by Unauthorized Aliens.
Section 31-13-30 - Relation to Real ID Act of 2005.
Section 31-13-31 - Defense of Law Enforcement Officers in Enforcement of Chapter.
Section 31-13-32 - Report to Alabama Department of Homeland Security.
Section 31-13-33 - Rental Agreements With Unauthorized Aliens Prohibited.
Section 31-13-34 - Enforcement of Chapter.
Section 31-13-35 - Records Searches by Department of Revenue; Investigations.