Are undocumented workers protected under the federal anti-discrimination laws?
Yes. The federal employment discrimination laws protect all employees in this country who work for an employer with 15 or more employees, including those who are not authorized to work. Q: Doesn’t this create a conflict with the immigration laws which prohibit employers from employing unauthorized workers? A: No. In fact, enforcing the civil rights laws on behalf of all workers supports the enforcement of the immigration laws, principally the Immigration Reform and Control Act (IRCA). If employers were not held responsible for discriminating against unauthorized workers, it would create an incentive for unscrupulous employers to employ and exploit these workers. This would directly undermine the enforcement of the immigration laws by encouraging the employment of unauthorized workers. It would also harm authorized workers who might be denied these jobs or be subjected to a workplace which tolerated discrimination. Q: What remedies are available under the laws enforced by the Commission