Which legislation mandates that employers verify employee identity before hiring?

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The Immigration Reform and Control Act (IRCA) is the legislation that mandates employers to verify the identity and work eligibility of their employees before hiring them. Enacted in 1986, the IRCA requires employers to complete Form I-9 for each new hire, which serves to confirm that the employee is legally eligible to work in the United States. This law aims to prevent unauthorized employment of individuals who do not have the legal right to work, thereby addressing concerns related to immigration and workforce integrity.

The other pieces of legislation mentioned, while important in their respective areas, do not specifically impose verification obligations regarding employee identity prior to hiring. The Americans with Disabilities Act focuses on preventing discrimination against individuals with disabilities. The Health Insurance Portability and Accountability Act sets standards for the protection of health information but does not relate to hiring practices. The Fair Labor Standards Act primarily deals with minimum wage, overtime pay, and child labor laws, not employee identity verification. Thus, the IRCA is specifically and uniquely positioned as the legislative framework for this employment verification requirement.

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