Immigration Civil Rights Civil Remedies

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
News & Analysis as of

Today's Immigration Debate Impacts California Employment Law and Litigation

A year ago, the California Supreme Court limited damages in employment discrimination claims brought under the California Fair Employment and Housing Act (FEHA) when an employer discovers it employed an unauthorized worker....more

Even When NLRB Orders It, Employers Have Little Guidance on Work Authorization Procedures

Quick, employers: you make a job offer to a promising applicant, only to find out that his work authorization papers are less than perfect. He has a social security card and number but something seems… off. (“Is that a letter...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

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

Undocumented Workers and The National Labor Relations Act

Undocumented Workers Are Employees - It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more

13 Changes To California Law In 2014: What Employers Need To Know

Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers...more

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Settlement Of HB 56 Lawsuit Means Permanent Injunction Against Some Provisions Of Alabama’s Immigration Law

On October 29, 2013, the Southern Poverty Law Center (SPLC) published a settlement agreement reached with the State of Alabama to end its challenge of HB 56, Alabama’s immigration law in exchange for a court order permanently...more

Macy's Fined $175,000 And Ordered To Create $100,000 Back Pay Fund For Violations Of Anti-Discrimination Law In The Form I-9...

In June 2013, Macy’s Retail Holdings and other Macy’s entities (Macy’s) entered into a settlement agreement with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Immigration Alert: April 2013

In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more

Judge Rules for Same-Sex Marriage Partner Who Was Denied Immigration Benefits

On Friday, April 19, 2013, U.S. District Court Judge Consuelo Marshall in Los Angeles, CA, ruled that the U.S. Citizenship and Immigration Services (the “USCIS”) denied Jane Deleon equal protection of the law when it refused...more

Immigrants Await Results of Suit Against U.S. and Jefferson County, Illinois

It has now been more than two months since the National Immigrant Justice Center (“NIJC”) filed a lawsuit against officials of U.S. Immigration and Customs Enforcement (“ICE”) and Jefferson County, Illinois relating to the...more

Johnson v. Whitehead, et. al

Petitioner's Reply to Respondent's Opposition to Certiorari

Petitioner's reply to the Solicitor General's Opposition to Certiorari. The Solicitor General challenged Petitioner's claim regarding the unconstitutionality of former 8 U.S.C. §1432 (a statute that discriminates based on...more

Executive Labor Summary - July/August 2011

In this issue: Breaking news . . . Wilma Liebman’s term expires!; Employers must post notice explaining employees’ right to organize; Boeing trial not yet off the ground; Not all social media complaints about work are...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

Civil Rights Lawyers Fighting Discrimination Against Hispanics, Latinos and Mexican-Americans in California Are Needed More Than...

Civil rights lawyers are seeing an increase in discrimination toward Hispanics, Latinos and Mexican-Americans due in part to the shortage of available jobs in this economic downturn. This article seeks to examine this...more

Asian Law Caucus & Electronic Frontier Foundation v. United States Department of Homeland Security

Complaint For Injunctive Relief For Violation of the Freedom of Information Act, 5 U.S.C. Section 552

The Asian Law Caucus (ALC) and EFF have filed suit against the U.S. Department of Homeland Security (DHS) for denying access to public records on the questioning and searches of travelers at U.S. borders. The suit responds...more

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