Fighting for Fairness: How California Protects Workers from Immigrant Discrimination on the Job

In California’s diverse workforce, immigrants are the backbone of many industries—agriculture, construction, hospitality, healthcare, and tech among them. Yet for thousands of immigrant workers, discrimination in the workplace remains an all-too-common reality.

From being passed over for promotions to enduring offensive comments or wrongful termination based on perceived immigration status, these workers face challenges that go far beyond job performance.

While federal protections exist, California’s employment laws go a step further in addressing and penalizing immigrant discrimination, regardless of a worker’s nationality or documented status. As a result, California has emerged as one of the strongest jurisdictions in the U.S. when it comes to immigrant workplace rights.

The Legal Framework: What Does the Law Say?

Under the California Fair Employment and Housing Act (FEHA), it is unlawful for employers to discriminate against workers on the basis of national origin, citizenship, or immigration status. Importantly, these protections apply not only to documented immigrants but also to undocumented workers, a point often misunderstood by both employers and employees.

In 2020, the California legislature clarified and expanded these protections through Senate Bill 973 and Assembly Bill 3075, reinforcing the state’s position that worker protection laws apply regardless of immigration status. This means undocumented workers can file discrimination complaints, pursue wage claims, and sue for retaliation just like any other employee.

Additionally, under Labor Code § 1171.5, it is explicitly stated that “all protections, rights, and remedies available under state law… are available to all individuals regardless of immigration status.” That includes protections against harassment, unpaid wages, unsafe working conditions, and wrongful termination.

Common Forms of Immigrant Discrimination

Discrimination against immigrants often takes subtle forms, making it harder to detect and report. Some of the most common examples include:

• Unequal Pay: Immigrant workers, especially those with limited English proficiency, are often paid less than native-born colleagues performing the same duties.

• Job Segregation: Workers may be steered into lower-paying, more physically demanding, or less secure roles based on accent, ethnicity, or assumptions about legal status.

• Language Discrimination: While “English-only” policies may be justified in some limited circumstances, broad rules prohibiting the use of other languages in the workplace are often illegal.

• Harassment and Derogatory Comments: Immigrant workers sometimes endure slurs, mockery of accents, or offensive stereotypes from coworkers or supervisors.

• Retaliation: Reporting illegal conditions or filing a claim may result in threats of deportation, job loss, or hours being cut—tactics used to silence immigrant employees.

Employer Tactics: Using Immigration Status as a Weapon

In some cases, an employer may attempt to weaponize a worker’s immigration status in retaliation for asserting their rights. This can take the form of threatening to call immigration authorities, asking for documents not legally required, or suddenly questioning work eligibility after an employee files a complaint.

California law takes a strong stance against these tactics. Labor Code § 244 states that reporting or threatening to report the suspected immigration status of a worker (or their family member) is considered retaliation and is prohibited.

Further, Labor Code § 1019 prohibits employers from engaging in unfair immigration-related practices, including:

• Requesting more or different documents than required under federal law.

• Refusing to honor documents that appear reasonably genuine.

• Using the federal E-Verify system selectively or improperly.

• Retaliating against a worker for asserting their rights.

Violations of these laws can result in civil penalties, restitution, and even the revocation of business licenses in some cases.

Filing a Complaint: What Immigrant Workers Should Know

Despite strong legal protections, many immigrant workers are reluctant to come forward, often out of fear or misinformation. However, California agencies like the Department of Fair Employment and Housing (DFEH) and the Labor Commissioner’s Office are prohibited from inquiring about a worker’s immigration status when processing employment claims.

In fact, courts have repeatedly ruled that a worker’s immigration status is generally irrelevant to claims for unpaid wages, retaliation, or discrimination. In 2002, the California Supreme Court ruled in Rivera v. NIBCO that an undocumented worker could not be questioned about immigration status during discovery in a discrimination lawsuit.

Workers can file complaints anonymously or with the assistance of legal advocates. Nonprofits and legal aid organizations across the state offer free services to help workers navigate the process safely and effectively.

Remedies Available to Victims

Immigrant workers who experience discrimination in California may be entitled to:

• Reinstatement if wrongfully terminated.

• Back pay for lost wages.

• Compensatory damages for emotional distress.

• Civil penalties against the employer.

• Attorney’s fees and court costs.

• Punitive damages in cases involving malicious conduct.

Additionally, the employer may be ordered to undergo training, implement new workplace policies, or be monitored for compliance by the state.

California’s Message Is Clear

In a time of heightened political rhetoric and federal uncertainty, California continues to assert itself as a national leader in worker protections—especially for immigrants.

“Regardless of where someone was born or what documents they may or may not have, every worker deserves dignity, respect, and fair treatment on the job,” said a spokesperson from the California Department of Industrial Relations. “Our laws are clear: Discrimination and retaliation will not be tolerated.”

For employers, the message is equally clear: those who exploit, threaten, or discriminate against immigrant workers will face serious legal and financial consequences.

Final Thoughts

Immigrant workers are essential to California’s economy and cultural fabric. Protecting them from discrimination is not just a matter of legal compliance—it’s a matter of fundamental human rights.

Whether you’re a newly arrived worker unsure of your rights, or an employer seeking to create a fair and lawful workplace, it’s critical to understand California’s firm stance against immigrant discrimination.

If you or someone you know has been affected by this issue, it’s important to act quickly. Speak to a qualified employment attorney, contact a state agency, or reach out to a certified legal referral service, which can connect you with an experienced and vetted California employment law attorney.