Previously, the agency took the view that its responsibilities were limited in cases of workers who are in the U. S. illegally. And all the while, the agency is going to refuse, as a matter of policy, to identify those people to the authorities charged with enforcing the immigration laws. EEOC Chairwoman Ida Castro may suppose that she has struck a blow for fairness and equity with this new policy. In fact, she has all but invited Congress to step up and clip the wings of an arrogant, overreaching government agency. The guidance addresses recent legal developments and explains the basic remedies available to this class of workers under EEOC- enforced laws.
Unauthorized workers are especially vulnerable to abuse and exploitation.
It is imperative for employers to fully understand that discrimination against this class of employees will not be tolerated and that they will be responsible for appropriate remedies if they violate the civil rights laws. This would directly undermine the enforcement of the immigration laws by encouraging the employment of unauthorized workers. It would also harm authorized workers who might be denied jobs or be subjected to a work environment which tolerated discrimination. The guidance explains that undocumented workers are entitled to the same remedies as any other workers back pay, reinstatement if the employee was unlawfully terminated, hiring if the employee was denied a job due to discrimination, other appropriate injunctive relief, damages and attorneys' fees except in the very narrow situations where an award would directly conflict with the immigration laws. The guidance also emphasizes that unauthorized workers are fully protected by the retaliation principles of the federal anti-discrimination laws.