In a decision that significantly broadens the legal rights of undocumented employees, a state appeals court has ruled that they are protected by California's anti-discrimination laws and can sue employers over sexual harassment and other job abuse.
The ruling marks the first time that any California court has affirmatively held that undocumented workers have the same workplace rights as other employees. Until now, employers and immigrant rights lawyers had no clear guidance on these rights, resulting in few suits being brought and some employers abusing workers with little fear of legal consequences.
Undocumented workers now can sue over such things as being paid less than minimum wage or subjected to unsafe working conditions. It is unclear if this little-noticed ruling--issued last week in a case involving a Los Angeles woman who sued over alleged sexual harassment--will actually trigger a wave of such lawsuits, given that taking such action could result in deportation.
Some employers might be discouraged from hiring and abusing undocumented workers, legal experts said. But the economic incentives for employers to hire such workers--for low-paying jobs that many other people don't want--could outweigh fear of lawsuits.
Several federal courts have previously held that undocumented workers were covered by federal labor and civil rights laws. But last week's state ruling makes it easier for workers to file these cases in California, where they can recover more in damages.
Advocates and foes of immigrant rights both praised the ruling--but for different reasons.
Attorneys for several statewide immigrant rights groups said it broadens employment protections for the armies of low-wage undocumented workers, many of whom are exploited but don't report their abuse because they fear retaliation.
The ruling "appropriately recognizes that undocumented workers have rights in the workplace," said Thomas Saenz, a regional attorney for the Mexican American Legal Defense and Educational Fund. "I hope it serves as a warning that you cannot exploit some workers' immigration status."
But critics of illegal immigration praised the ruling because they said it would discourage employers from hiring undocumented workers.
"Anything you can do to punish an employer for hiring illegal aliens is a good thing," said Ron Prince, a co-sponsor of Proposition 187, which sought to curb state benefits for illegal immigrants. "Many employers hire illegals to exploit them. If they know they could be made to pay, then they wouldn't hire them in the first place."
