Sexual abuse is a problem that undocumented immigrants often face at work. The law provides the same protections for everyone regardless of their immigration status. If you face sexual abuse at work, you can take legal action to protect yourself.
Understanding Workplace Sexual Abuse and Harassment
Workplace sexual abuse and harassment includes a range of actions against someone because of their sex or that are sexual in nature. Some examples of these include:
- Unwanted sexual advances
- Discrimination based on gender or sex
- Remarks about someone’s gender (both at the victim or in general)
- Requesting sexual favors
- Demanding sexual favors in return for job perks or benefits
- Submission to sexual advances as a quid pro quo condition of employment or advancement
- Conduct that creates an intimidating or hostile work environment
Prevalence of Workplace Sexual Misconduct Among Undocumented Immigrants
Undocumented immigrants, especially women, are disproportionately affected by workplace sexual misconduct because employers, managers, and other employees may feel that they can take advantage of their vulnerable status.
For fear of being found out, other people may think that they can do whatever they want to these immigrants because the fear of deportation or retaliation discourages reporting. Unfortunately, there are many more cases of misconduct against undocumented immigrants that get reported.
Legal Protections Against Workplace Sexual Abuse for Undocumented Immigrants
Regardless of an employee’s immigration status, all workers have legal rights to work in an environment free from abuse, harassment, and dangerous conditions.
Federal Protections
The Supreme Court ruled that undocumented immigrants share the same protections as everyone else, but there has been a need for specific changes to immigration laws and related legislation to protect undocumented immigrants. Title VII of the Civil Rights Act focuses on ensuring a safe workplace free from harassment and discrimination based on sex.
Another notable law is the Equal Employment Opportunity Commission (EEOC). It is focused on preventing employment discrimination based on legal status. In the Fourth Amendment of the U.S. Constitution, everyone is protected from unreasonable searches and seizures.
State-Specific Protections
Aside from federal protections, there are laws passed by states that affect undocumented people as well. Many of these state-specific changes are focused on protecting undocumented children who were born in or brought to the U.S. by their parents and have lived here ever since.
For example, the Illinois Public Act (P.A.) gives undocumented immigrants access to additional resources, including:
- Social services
- Access to public education
- State financial resources for education
- In-state tuition rates
- Professional licensing in most professions
- State I.D.s
- Driver’s licenses
Illinois also has the Trust Act and VOICES Act that provide protections for immigrants involved in criminal cases and limit the efforts of local law enforcement regarding immigration laws. Even in criminal prosecutions, immigrants have some protections. Many immigrants who are victims of crimes do not take legal action for fear of unreasonable searches and the risk of deportation.
Confidentiality Protections
Different types of confidentiality protections exist to keep your immigration status private and separate from your legal case. First, there is the concept of attorney-client privilege. What you disclose to your lawyer stays with them. They are not allowed to disclose your immigration status and will keep it confidential.
Your attorney can also request a protective order through the courts, which would prevent the disclosure of sensitive information related to your case. Properly filing these protective orders on time is extremely important if you want to protect knowledge of your current immigration status.
Filing a Workplace Sexual Abuse Claim
If you are a victim of sexual abuse or harassment, there are steps that you can take to file a workplace sexual abuse claim.
Document the Harassment or Abuse
To be able to win a workplace sexual harassment or abuse claim, you need to gather evidence that provides details about what happened. Start by creating detailed records of all incidents, including the date, times, descriptions, and who was involved. If you can, collect witness statements from other employees who may have seen and heard what happened.
If you have any emails about the harassment or ones that contain abusive content, make a copy of them so that you maintain access to them. You can print them out and put a copy of them in a folder. You can also include any other relevant evidence. This could be as simple as a photograph of offensive signs in the office.
Report to HR or Management
Once you have gathered evidence, the next step is to formally report the harassment or abuse to your employer’s HR department or to upper management. In the event that your employer is unresponsive to the situation or retaliates, you can proceed to file a complaint appropriately.
Some examples of retaliation after reporting employee sexual abuse are:
- Refusing to pay you minimum wage
- Refusing to honor overtime pay
- Reducing the number of hours you’re scheduled to work
- Verbal abuse or name-calling
- Embarrassing you and creating a hostile work environment
- Demoting your work responsibilities and/or pay
File a Complaint with the EEOC or State Agency
After you have given your employer an opportunity to correct the situation and they refuse to or retaliate, it is time to file a complaint with the EEOC of your state’s labor protection agency. You’ll submit the information that you’ve gathered as evidence.
The EEOC will investigate the complaint to determine the validity of your claim. If the organization deems that you have a valid complaint, it will issue you a right-to-sue letter that you can use to file a lawsuit in federal court for employment discrimination. Having this letter issued to you means that the EEOC believes you have grounds for a lawsuit.
Consult an Attorney and File a Lawsuit
Once you have your right-to-sue letter, schedule a free consultation with a sexual abuse lawyer who specializes in workplace sexual harassment cases and who has experience working with undocumented immigrants.
This is very important, as someone with this type of immigration law experience can help to protect your legal rights, and prevent family separations and unfair treatment. Your lawyer will file a lawsuit on your behalf in federal or state court to seek compensation for damages. This can include pain and suffering, emotional trauma, lost wages, and more.
Challenges Undocumented Immigrants Face When Filing Workplace Sexual Abuse Claims
Workplace sexual abuse claims can be difficult regardless of your legal status. However, undocumented immigrants face additional challenges that other workers who are U.S. citizens do not face when filing workplace sexual abuse claims.
Fear of Deportation or Retaliation
Understandably, many undocumented immigrants are concerned that they might be deported for filing a personal injury claim.
However, it is highly unlikely that deportation proceedings will follow. You have the right to due process, even if you lack the appropriate work authorization. Your immigration status does not limit your civil rights to having a fair and safe workplace. Filing a civil case does not trigger deportation.
There are also privacy protections for undocumented immigrants in legal cases that can protect you and your family’s privacy during court proceedings and the public accessibility of court rulings.
Lack of Awareness of Rights
Immigrant workers have the same rights to a safe workplace that’s free of harassment and discrimination, no matter their national origin, current visa status, or lawful entry into the United States. For undocumented immigrants who feel that they cannot pay for a lawyer, there are pro bono service providers. There are also many legal aid organizations.
Victims of certain crimes are eligible for a U visa, which is a special visa for victims of crimes who have suffered physical or mental abuse and can help law enforcement investigate or prosecute criminal activity. Your lawyer can let you know if you and your undocumented immigrant children could potentially be eligible for a U visa under current immigration law.
Language Barriers
Sometimes, undocumented immigrants may not speak the same language as their lawyer, Human Resources staff, and the organization’s staff responsible for investigating their complaint.
This potential language barrier has some immigrants hesitating to reach out to a personal injury or immigration attorney. However, it’s important to know that there are bilingual attorneys and social services organizations that can help.
Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.