Prohibits employers from engaging in unfair immigration-related practices.
“Unfair immigration-related practices” includes:
(A) Threatening to contact a federal immigration authority because the employee has exercised a right otherwise provided by law.
(B) Taking adverse action against an employee because the employee has updated the employee’s employment information due to a change in the employee’s immigration status.
(2) It is an unlawful practice for an employer to engage in unfair immigration-related practices.
Current law already protects employees from unfair treatment or discrimination based on national origin. BOLI has strict and comprehensive policies about protecting the immigration status of any worker who files with them.3 State law also requires employers to notify employees if they know a federal inspection is pending. The U.S. Department of Justice (DOJ), specifically through its Civil Rights Division’s Immigrant and Employee Rights Section, enforces federal laws that protect individuals from immigration-related discrimination in the workplace. These protections are mainly found under 8 U.S.C. §1324b of the Immigration and Nationality Act (INA).
This bill puts Farmers in a difficult position. If the Farmer knows he /she has hired an Illegal Alien, the Farmer is in trouble with the Feds.
If a Farmer does not know his/her Farmworker is an Illegal Alien and confronts the Farmworker as to the Farmworker’s immigration status and the Farmworker is in our country illegally, the Farmer has an affirmative duty to report the Illegal Alien to Federal Authorities-the Farmer should not be in trouble.
If the Farmworker’s immigration status has changed and is no longer an Illegal Alien and the Farmer is not aware of the immigration change of the Farmworker, the Farmer could be found liable for harassment as well as hiring an Illegal Alien in the first place.
SUBMIT TESTIMONY HERE before 4/10 at 8am