Civil Rights Conflict of Laws Immigration

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IRCA Does Not Preempt FEHA, But Limits Available Remedies

In Salas v. Sierra Chemical Co., the California Supreme Court addressed the issue of whether the federal Immigration Reform and Control Act (“IRCA”) preempts the application of the antidiscrimination provisions of...more

Unauthorized Work Status Does Not Bar Discrimination Claims

In Salas v. Sierra Chemical Co., the California Supreme Court held that an undocumented worker who was wrongfully terminated in violation of the California Fair Employment and Housing Act (FEHA) may be awarded lost pay...more

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 41: Discrimination Laws Apply To...

Illegal immigration is one of the biggest political issues of the 21st Century in the United States, as both political parties support the reform of immigration laws in one way or another. Until the laws are reformed, the...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

What Gay Couples Can Expect If DOMA Falls

The U.S. Supreme Court is expected to rule on a challenge to the federal Defense of Marriage Act (“DOMA”) before its summer recess, and legal experts are already in disarray over what the ruling could mean for same-sex...more

Justices Seem Open To Upholding Ariz. Immigration Law

Originally published in Law360, New York (April 25, 2012, 4:53 PM ET) The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's...more

Same Sex Marriage and DOMA - Immigration and Divorce Issues

This article reviews the Defense of Marriage Act (DOMA) and how state law legalizing same sex marriage conflicts with the federal law. It examines two areas specifically: immigration and divorce. This is becoming a legal...more

Judge Enjoins Georgia Immigration Law

Federal Judge Thomas Thrash has reportedly enjoined parts of a Georgia law that was due to take effect on July 1, 2011. In granting a temporary injunction to complainants, he ruled that they were likely to prevail at trial on...more

Rejecting rights and responsibility as the basis of the rule of law

Rejecting rights and responsibility as the basis of the rule of law With an ever-increasingly complex democracy which not only delivers more and more “layers” of representation to consumers already bombarded...more

Supreme Court Upholds Arizona Legal Workers Act

n May 26, 2011, the United States Supreme Court issued a 5-3 decision in Chamber of Commerce v. Whiting upholding the Arizona Legal Workers Act (“the Act”). The Act provides that the business licenses of employers who...more

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