California law provides that labor law protections extend to all workers “regardless of immigration status.” Moreover, under California law, “a person’s immigration status is irrelevant to the question of liability” and in a proceeding to enforce a person’s employment rights. A person’s immigration status should not be questioned unless the person seeking to make this inquiry has demonstrated that it is necessary to comply with federal immigration laws.
According to FEHA, it is illegal for an employer to discriminate against an employee “in compensation or in terms, conditions, or privileges of employment” because of national origin. Several regulations that FEHA has reviewed since 2018 explicitly state that the protected category of “national origin” encompasses an employee’s immigration status.
If employer discriminates against an employee or applicant because of immigration status, the employer must demonstrate by “clear and convincing evidence” that such questioning is “necessary to comply with federal immigration law.” Additionally, citizenship requirements that are a pretext for discrimination or are intended to discriminate against workers or candidates on the basis of national origin or ancestry are completely illegal and may be the basis for discrimination charges. Accordingly, employees may prevail by showing that the harassing conduct altered their working conditions, making it more challenging to perform their job.
Concerning legal matters, discrimination cases usually lead to employment compensation claims. From the employee’s point of view, it is sufficient to prove that a person was subjected to harassing conduct that altered working conditions making it more difficult for them to perform their job.
Although California law generally states that immigration status should not interfere with a person’s employment rights, regulations and revisions made by the FEHC since 2018 clarified this. These revisions claim that while the FEHA prohibits immigration status discrimination, it is considered a subcategory of nationality-based discrimination, which law firms still face with unfortunate frequency.
If you need help in these or any other employment law matter, contact us to find out how we can help you find a resolution. Attorney Donnelly represents each client personally and takes exceptional care to provide quality legal representation. Our goal is to find a successful resolution that protects your legal rights and fights for justice.