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WORKPLACE DISCRIMINATION AGAINST UNDOCUMENTED WORKERS UNDER MORE SCRUTINY FROM EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Since announcing its new policy of defending undocumented workers against workplace discrimination, the Equal Employment Opportunity Commission has been involved in several cases where undocumented workers suffered abuse.  The EEOC has just filed suit in another such case, this one involving Quality Art, a Phoenix, Arizona firm that specializes in producing art reproductions.

According to the charges, Mexican and Guatemalan workers, many of whom were undocumented, were paid less that their US counterparts, were not paid overtime, and were subjected to insults and harassment.  At least one incident of sexual harassment was also involved, when, in an effort to locate lost money, managers made all of the Hispanic women undergo a strip search.  They were told they could not receive increased payment for working on Memorial Day because they were not US citizens.

The workers finally began to complain about their mistreatment, protesting before the business.  One of the managers confronted them, shouting "Immigration, Immigration," at them.  He then called the INS, seeking to have them deported because of their undocumented status. 

The company has since moved operations to Nogales, Mexico.

According to Ida Castro, the Chair of the EEOC, similar suits should be expected in the future.  Not only have overall complaints of mistreatment at the workplace increased over the past decade, she says that “Some of these companies’ workplace practices are so egregious that even the most vulnerable workers, immigrants, are starting to arise and assert their rights.  And I think what we’re seeing is only the tip of the iceberg.”

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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