Immigrants have on-the-job rights in California. This includes the right to a workplace free of discrimination.
Further, United States law protects basic human rights for people under its jurisdiction. Many people could have some protection — regardless of their status and documentation as foreigners, residents or citizens.
Deciding to fight for workplace rights
The legal system in the United States often differs from the systems in the home countries of immigrants. This is especially true when it comes to the relationships between attorneys and their clients.
Lawyers here need to know certain types of basic information about their clients’ immigration statuses. This helps them give their clients specific guidance about different strategies. This discussion should usually include any potential risks.
Types of unlawful discrimination
There are several types of discrimination that could apply to anybody working in California. Workers could have protection from employers who discriminate based on gender, sex, religion, race, disability or sexual orientation.
It is also sometimes unlawful for employers to discriminate based on citizenship or immigration status. However, the law sometimes requires or allows employers to take action based on these factors.
The role of the courts in employment law cases
If an immigrant worker wants to pursue a case against an employer, the outcome would depend on many factors. One positive outcome could be getting a job back after wrongful termination. Employees might also receive money from the employer. The exact remedy would depend on the details of the case, such as the extent of the discrimination and the damage to the worker.