With complex immigration laws, many may be left wondering, “Is asking about my immigration status at work illegal in California?” While employers must verify authorization to work, there are many restrictions employers must comply with to avoid workplace discrimination.

Recognizing a Workplace Discrimination Case

Simply put, employers should not ask about your immigration status at work. This is because there are many ways your immigration status, country of origin, or race may lead to workplace discrimination. For Asian and Latino immigrants, 70% report facing some form of discrimination at work. Common examples of discrimination include:

• Making hiring, pay, scheduling, promotions, firing, and other employment decisions based on immigration status
• Harassment based on your immigration status, country of origin, race, or ethnicity
• Retaliating against an employee for protesting discriminatory behavior or filing a claim

In California, over one quarter of residents are immigrants, which leaves many workers to navigate employment with the added complexity of their immigration status. If you feel you are being unfairly treated or harassed due to your immigration status, you should hire a San Diego workplace discrimination lawyer who can help you file a claim against your employer.

Understanding Your Rights During the Hiring Process

Seeking employment is a time when many people are concerned about discrimination based on their immigration status. During the hiring process and once you have been hired, employers are allowed to ask whether you are authorized to work in the United States or if you may require a visa sponsorship. However, they are not permitted to:

• Ask about specific citizenship or immigration status
• Ask for specific documents before you are hired, such as a green card or a passport
• Base hiring decisions on immigration status
• Request more documents than required by federal law after you are hired
• Misuse E-Verify during the hiring process or after you are hired
• Threaten to file a false report with immigration authorities

To protect yourself during the application process, avoid discussing your immigration status or giving the employer immigration documents before you have been hired. This can prevent your status from being used in the hiring decision.

California’s Workplace Discrimination Laws for Immigrant Workers

Whether you are facing discrimination after being asked about your status, or indirectly due to your immigration status or country of origin, there are workplace discrimination laws that protect your right to file a claim. California’s Fair Employment and Housing Act (FEHA) is one such law.

FEHA is a California state law that protects workers from discrimination and harassment based on protected characteristics, such as immigration status, race, ethnicity, and national origin. FEHA applies to all employees, including documented and undocumented workers. FEHA applies to companies with five or more employees and is enforced by California’s Civil Rights Department.

In California, many government agencies and independent organizations seek to uphold these workplace discrimination laws and protect the rights of immigrants in all spheres of public life, including employment. For example, the Office of Immigrant and Refugee Affairs can support immigrants and refugees seeking to build a life and find employment.

Why Hire a Workplace Discrimination Lawyer

Building a workplace discrimination case can be daunting without skilled legal guidance. A California workplace discrimination attorney can gather evidence to prove discrimination, such as:

• Records of communication with your employer
• Previous reports of discrimination
• Electronic records of E-Verify misuse
• Witness testimonies

A lawyer can also pursue remedies for discrimination. This may involve financial compensation for backpay, frontpay, emotional damage, or punitive damages. It could also include changes to company policy or reinstatement.

FAQs

What Documents Are an Employer Allowed to Ask for When You Are Hired?

When you are hired, an Employer is allowed to ask for documents to complete the Form I-9. Form I-9 gives proof of your identity and authorization to work in the United States, and has a specific list of acceptable documents that fulfill the requirements. Employers cannot request specific documents from the list. An employer can also ask for tax and payroll documents, such as an SSN, diplomas, or professional licenses, to verify your credentials.

Is it Illegal for an Employer to Ask Your Ethnicity?

It is not illegal for an employer to ask about your ethnicity, though it is generally recommended that they avoid this question to prevent discrimination. If an employer uses your ethnicity as a factor in employment decisions, such as hiring, promotions, or firing, this is illegal. However, many employers in California may legally request voluntary disclosure of your ethnicity for affirmative action plans or statistics, rather than for discrimination.

What Should You Do if an Employer Asks About Your Immigration Status?

If an employer asks about your immigration status, you have the right to remain silent and avoid answering. You can contact an attorney for guidance if you are facing a conflict or discrimination, but you do not need to answer any questions about your or your colleagues’ immigration status. It is especially important to remain silent and wait for a lawyer if your employer has involved immigration authorities or the police.

Does Your Immigration Status Impact Workers’ Rights?

No, immigration status does not impact workers’ rights. California’s laws, such as FEHA, apply to all workers regardless of their documentation, immigration status, or country of origin. This means employers must adhere to fundamental employee rights in California, such as the California $16.90 minimum wage, overtime pay, access to workers’ compensation, and OSHA’s regulations for a safe workplace.

Speak With a California Workplace Discrimination Attorney at Jimenez Loayza, APC

At Jimenez Loayza, APC, we advocate for the rights of employees across Southern California. No matter your immigration status, you should be able to work in a safe, non-discriminatory work environment. Our attorneys provide personalized attention to each case, protecting your rights as a California worker. To combat discriminatory employers, we seek to bring each case to trial and pursue a full recovery for victims.

If you are facing immigration status discrimination at work, don’t give in to invasive questions or feel hopeless if your employer is not addressing the issue. Instead, contact Jimenez Loayza, APC, for a free case consultation to learn how we can file a claim to uphold justice.