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GT Business Immigration Observer
February 2002

Do Illegal Immigrants Have Workplace Protection?

Supreme Court justices heard arguments this month over whether illegal immigrants have the same rights as U.S. Citizens if they are mistreated at work.

U.S. citizens are entitled to back pay if wrongly fired, and the Bush administration argued that individuals who are in the country illegally deserve the same protections and recourse. At issue is whether the labor laws that guarantee back pay for wrongful termination ought to apply to those working illegally in the U.S. The Bush administration argued that the laws do apply equally. The claim is that if illegal aliens are not entitled to the same protections in the workplace, then workers are open to exploitation and worse. Those in opposition on the other hand, argue that such a stand appears to reward those who work without proper authorization. The case, Hoffman Plastic Compounds v. National Labor Relations Board, is not expected to be decided until late spring. GT attorneys will follow this and report on the decision once it is announced.

 

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