As with all current employee verification programs, the e-verify program is not one hundred percent accurate, and an employee has recourse available if the employee is legally documented to work in the United States but the employer receives a final notice of nonconfirmation of work eligibility regarding the employee through the e-verify program.
It is unlawful for an employer to:
Hire, recruit, or refer for a fee, for employment in the United States, an alien, knowing the alien is an unauthorized alien; Hire, recruit, or refer for a fee, for employment in the United States, an individual without verifying the employment eligibility status of the individual through completion of the Employment Eligibility Verification Form I-9, or its successor form; Continue to employ an alien in the United States, knowing that the alien is or has become an unauthorized alien; or While using the e-verify program, refuse to hire, discharge, promote, or demote a person, harass a person during the course of employment, or discriminate against a person in matters of compensation, on the basis of the person's disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry, pursuant to section 24-34-402, C.R.S. For more specific information regarding the e-verify program and its requirements and use, employers should consult 8 U.S.C. sec. 1324a.
Source: L. 2008: Entire section added, p. 894, § 1, effective August 5.
Structure Colorado Code
Article 2 - Labor Relations, Generally
§ 8-2-101. Combination of Employees for Peaceable Objects Lawful
§ 8-2-102. Coercion of Employees Unlawful
§ 8-2-103. Penalty for Coercing Employees
§ 8-2-103. Penalty for Coercing Employees
§ 8-2-104. Obtaining Workmen by Misrepresentation Unlawful
§ 8-2-106. Armed Guards - When Lawful
§ 8-2-107. Workman Engaged by False Representations to Recover Damages
§ 8-2-108. Unlawful for Employer to Prevent Employees Participating in Politics
§ 8-2-109. Rights of Person Charged With Contempt
§ 8-2-110. Unlawful to Publish Blacklist
§ 8-2-111. Penalty for Blacklisting
§ 8-2-111. Penalty for Blacklisting
§ 8-2-111.5. Certain Employment References - Exception to Blacklisting Prohibition
§ 8-2-112. Unlawful to Publish Notice of Boycott
§ 8-2-112. Unlawful to Publish Notice of Boycott
§ 8-2-113. Unlawful to Intimidate Worker - Agreement Not to Compete
§ 8-2-115. Violation of Sections - Misdemeanor - Repeal
§ 8-2-118. Cost of Medical Examination - Employer and Employee Defined
§ 8-2-119. Awards of Back Pay - Deduction of Unemployment Compensation
§ 8-2-123. Health-Care Workers - Retaliation Prohibited - Definitions
§ 8-2-124. Electronic Verification Program - Availability - Notice to Employers - Definitions
§ 8-2-126. Employer Use of Consumer Credit Information - Violation - Short Title - Definitions
§ 8-2-128. Prohibitions of Employer - Requiring Social Security Number - Exceptions
§ 8-2-129. Access to Personnel Files and Records - Definitions - Exemptions