Do undocumented workers have workplace rights?
A. There is a trend in federal government policy to extend more and more protection to undocumented workers.. They are covered by minimum wage laws and occupational safety laws. The National Labor Relations Board has ruled that employers who knowingly hire unauthorized workers are prohibited from firing them if they support unionization. The EEOC has declared that it will extend broad anti-discrimination rights to undocumented workers saying, “The federal discrimination laws protect all employees in the United States, regardless of their citizenship or work eligibility. Employers may no more discriminate against unauthorized workers than they may discriminate against any other employees. EEOC will therefore assure that in its enforcement of the laws, unauthorized workers are protected to the same degree as all other workers.” The EEOC will seek reinstatement for undocumented workers only when the individuals involved first obtained papers authorizing them to work in the United States.
