Immigration Status

Are you unable to exercise your rights at work due to your immigration status? In some cases, employers attempt to intimidate workers by threatening to report their undocumented status to immigration authorities, preventing them from asserting their lawful rights. This is strictly illegal.

In California, all individuals are protected by labor laws, regardless of immigration status. However, not all differential treatment based on immigration status is unlawful. For example, federal law prohibits employers from knowingly hiring undocumented workers, meaning an employer may need to consider an applicant’s or employee’s immigration status to some extent.

That said, employers may not investigate or question a worker’s immigration status arbitrarily. They are prohibited from demanding documentation beyond what is required under federal law or rejecting valid immigration documents without cause, even if those documents are originals or certified copies.

If a worker is lawfully present in the United States and the employer treats them unfairly solely because they are an immigrant, this may constitute unlawful national origin discrimination. For example, if an employer treats employees differently based on whether they hold a driver’s license issued to non-citizens versus one issued to citizens, this may be considered discriminatory conduct under California law.

Language

In general, employers may not impose language restrictions in the workplace. For instance, they cannot require employees to speak only English while on the job. Such a policy could amount to national origin discrimination.

However, as with many legal protections, exceptions exist. If a specific language is necessary to safely or effectively perform job duties, an employer may implement a rule requiring the use of that language in the workplace. In doing so, the employer must clearly notify employees of when the language rule applies and what consequences may follow if the rule is violated.

JUSTICE FOR WORKERS, P.C. is a law firm dedicated exclusively to representing plaintiffs, that is, workers, in matters related to labor law and workplace injuries. For a free consultation, please contact us at (323) 922-2000. We have offices located in both Los Angeles and Orange County. If we take on your case, you will not be required to pay us anything unless and until we secure compensation on your behalf.