Labor
Unlawful immigration-related practices
California broadens protections against immigration-related intimidation or retaliation tied to workplace rights.
Employers and others cannot use perceived immigration status to deter people from asserting rights under local, state, or federal employee-protection laws. Violators can face private lawsuits, damages, up to $10,000 per person per violation, and possible business-license suspensions.
What the law does
- Bans unfair immigration-related practices used to retaliate against someone for exercising or trying to exercise any workplace right under applicable local, state, or federal law.
- Bans immigration-status-related conduct that would reasonably discourage someone from exercising a legal workplace right or pressure them to do something they may legally refuse.
- Protects good-faith complaints, requests for compliance information, and helping others understand or assert workplace rights.
- Treats violations within 90 days after a person exercises protected rights as presumed retaliatory unless rebutted.
- Allows affected people or their representatives to sue for court orders, damages, penalties, attorney’s fees, and costs.
- Authorizes penalties of up to $10,000 per affected employee or person for each violation and court-ordered suspension of business licenses for repeat violations.
Who it affects
- Employees, job applicants, and former employees, regardless of their actual immigration status.
- Employers and any other people or entities that retaliate or intimidate based on perceived immigration status.