Are Undocumented Workers Protected From New York Sexual Harassment in the Workplace?

Some shady employers may think they can get away with abusing and harassing their employees simply because they are undocumented workers. But — federal law, particularly Title VII of the Civil Rights Act, protects all workers from sexual harassment and discrimination, even if they are unauthorized to work in the United States. If you or someone you know has been sexually harassed at work, contact the New York City sexual harassment lawyers at the Derek Smith Law Group to learn more about your rights as an employee in New York City

According to the Equal Employment Opportunity Commission (EEOC), federal employment anti-discrimination laws protect all employees in this country who work for an employer with 15 or more employees, including those who are not authorized to work. Anti-discrimination laws include gender discrimination — sexual harassment is classified as a form of gender discrimination.

Under Title VII, the same basic remedies are available to unauthorized workers. So, if you were unlawfully fired, you may be able to get your job back. However, you cannot be reinstated if it conflicts with immigration laws. Additionally, if you were harassed or discriminated against, you may be entitled to back pay, damages, and attorneys’ fees.

Some critics might say, “Doesn’t offering protection to undocumented workers conflict with laws prohibiting employers from hiring unauthorized employees?” According to the EEOC, these very protections are put in place to prevent unscrupulous employers from employing these workers and exploiting them. If crooked companies faced no legal repercussions for abusing undocumented workers, it may encourage hiring them in the first place.

If you retain a New York City sexual harassment attorney at the Derek Smith Law Group, he or she can help you keep your immigration status confidential if necessary while you pursue a harassment, sexual harassment or discrimination case. We can help you get the compensation you need and deserve.

The attorneys at the Derek Smith Law Group, PLLC handles a multitude of cases that involve sexual harassment in Manhattan and the greater New York City area. For further information, please feel free to call us at 212-587-0760 or toll-free at 1-877-4NYLAWS or email at dtslaws@msn.com.

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