Undocumented Workers And Sexual Harassment: What Are Their Rights And Protections?

May 4, 2018 Rager & Yoon Sexual Harassment

Undocumented workers make up the backbone of many industries in Pasadena and all across California, including but not limited to construction, clothing, and agriculture industries.

Fact: An estimated 10 percent of California’s workforce are undocumented workers.

Sadly, undocumented workers are also the most vulnerable to abuse and wrongful conduct on the part of their employers and coworkers. Undocumented immigrants are the most exploited workers in America, as stories of employers taking advantage of these workers’ fear of deportation are not unheard of.

Fear Of Being Deported Among Undocumented Workers

Unscrupulous employers know that undocumented workers will put up with any work conditions and employer’s behavior just to keep their job and be able to provide for themselves and their families. This creates the perfect breeding ground for sexual harassment and abuse in the workplace.

Our Pasadena sexual harassment attorney says that the vast majority of employers who discriminate against or sexually harass their undocumented employees get away with it, as undocumented workers are afraid to speak up and report harassment and discrimination in the workplace out of fear of being deported.

Undocumented Workers Face High Levels Of Sexual Harassment And Rape

That is why immigrant workers face disturbing levels of sexual harassment, assault, and rape at work, mostly from their employers. In addition to being victims of sexual harassment and rape, undocumented workers are not paid the minimum wage and are almost never paid for working overtime.

And most undocumented workers cannot do anything about it, because they believe that they have no rights. But in reality, these intolerable violations of wage and house laws are actually illegal, and both immigrants and U.S. citizens have equal employment rights when it comes to asserting their rights or being protected from harassment and discrimination at work.

What Employee Rights Do Undocumented Workers Have

Contrary to the popular belief, workplace protections, including anti-harassment and anti-discrimination protections, as well as wage and hour laws apply to everyone, including undocumented and documented workers, immigrants and U.S. citizens…

Moreover, since the most common reason why undocumented workers are afraid to report workplace violations such as sexual harassment and discrimination is their fear of deportation, California employment laws made it illegal for employers to take adverse employment actions against workers because of their status. Furthermore, laws prohibit employers from reporting or threatening to report undocumented workers or their immigrant relatives to Immigration and Customs Enforcement (ICE) or any other agency in retaliation for asserting their employment rights or seeking workplace protections.

If Your Employer Threatening To Deport You? Call Us!

Our sexual harassment attorney in Pasadena explains that employers who retaliate against undocumented employees by reporting or threatening to report them to authorities risk losing their business licensees in addition to facing other penalties. This is not something employers in Pasadena or elsewhere in California want to joke around with, so if you are a documented worker who has been a victim of sexual harassment or discrimination, or your employer violates wage and hour laws, do not hesitate to contact a Pasadena sexual harassment attorney at Rager & Yoon – Employment Lawyers immediately.

You are actually protected by California law from such illegal conduct and are entitled to file a claim against your employer to pursue compensation. Do not let your employer get away with his or her unlawful conduct and activities. Contact our law firm to get a free consultation about your case. Call at 310-527-6994 or fill out this contact form to get a free consultation. SE HABLA ESPAÑOL.

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