New Protections for Immigrants

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The California legislature has added a new provision to the Labor Code expanding protections from “unfair immigration-related practices” (originally passed in 2013) beyond the retaliation context and extending protections to any employee or applicant, regardless of whether they have ever made a complaint.  The law also specifies that it shall be unlawful for any employer to:

  1.  request more or different documents than required under federal law to verify eligibility;
  2.  refuse to honor documents that on their face reasonably appear to be genuine;
  3.  refuse to honor documents or work authorizations based on the specific status or term of status included in the work authorization; or
  4.  attempt to reinvestigate or re-verify an incumbent employee’s authorization to work using an “unfair immigration practice.”

Employees or applicants who feel their rights have been violated may file a complaint with the Division of Labor Standards Enforcement (DLSE) or may file a claim under state law.  The Labor Commissioner is authorized to award a penalty of up to $10,000, as well as other equitable relief.

Immigration-related abuses have been a legislative priority in California for the past several years.  In 2016, the legislature enacted a new $10,000 penalty for E-Verify violations.  In 2014, the legislature amended the Fair Employment and Housing Act (FEHA), making it unlawful to discriminate against a person who holds a driver’s license issued under § 12801.9 of the Vehicle Code and prohibiting employers from requiring an employee to hold or present such a driver’s license, except where possession is required by state or federal law or by the employer under circumstances which are permitted by law.  Indeed, a policy requiring applicants or employees to present or hold a driver’s license may be evidence of a FEHA violation if not uniformly applied and consistent with legitimate business reasons (i.e., is the license needed to perform the essential job functions).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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