You may be categorized as an undocumented immigrant in the United States if your immigrant status is left unresolved. That is, you may have entered this country legally, but due to extenuating circumstances, you have now overstayed your welcome. So, you may no longer have a lawful presence nor permission to work in the country anymore. However, say that you are somehow still working in your existing job position, all while potentially dealing with a discrimination issue. Well under unique conditions such as these, please continue reading to learn whether you can file a discrimination claim as an undocumented immigrant and how an experienced employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can help you determine and exercise your legal rights accordingly.
Am I protected from workplace discrimination as an undocumented immigrant?
Well, you may rest a little easier knowing that federal employment anti-discrimination laws are made to protect virtually any worker whose employer has 15 or more employees. Namely, even undocumented immigrants missing the right work eligibility are offered the same protections as workers with citizenship or lawful permanent resident status in the United States. This is specifically per the Immigration and Nationality Act (INA). Without further ado, the protections provided by this Act read as follows:
- An employer cannot discriminate based on citizenship status or national origin in hiring and firing processes.
- An employer cannot participate in unfair document practices in employment eligibility verification processes.
- An employer cannot retaliate against or intimidate an immigrant worker engaging in protected activities.
Am I allowed to file a discrimination claim as an undocumented immigrant?
On the one hand, you might not have a discrimination claim if an employer refuses to hire you or decides to fire you once they discover you are unauthorized to work in the United States. This is because the Immigration Reform and Control Act of 1986 holds that employers must not knowingly employ undocumented workers and require documents that reasonably appear to be genuine to avoid this.
On the other hand, though, you might have a valid case if your employer threatens to call immigration authorities on you or ultimately fires you if exercise your legal right to make a discrimination complaint against them. Once again, this is because the INA protects undocumented workers from such retaliation and intimidation tactics.
Even so, though, you must understand the risk you take as an undocumented worker who files a formal discrimination complaint against your employer. For one, even though your employer may act illegally by retaliating and calling the U.S. Immigration and Customs Enforcement (ICE) on you, ICE still has the authority to follow up on your employer’s report and investigate you. Most unfortunately, this may ultimately lead to your being deported from the country, along with other immigration penalizations.
What’s more, even if you are allowed to submit a complaint to the U.S. Equal Employment Opportunity Commission (EEOC), you may face challenges with recovering damages in its aftermath. That is, as an undocumented immigrant, you may be unable to collect back pay and other forms of monetary compensation.
If you have any outstanding questions yet to be answered, please ask one of the skilled New Jersey employment lawyers. Anyone at The Vigilante Law Firm, P.C. is willing and able to offer the support you need.
