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EEOC Extends Discrimination Remedies To Undocumented Workers

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Without noticeable fanfare, on October 26, 1999 the EEOC issued an enforcement guidance on "Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws." The EEOC Web site at www.eeoc.gov/policy/guidance sets forth the text of this and other guidances.

The guidance explains that undocumented and/or legally unauthorized workers are entitled to the same remedies for discrimination as any other workers. Relief such as back pay, punitive or liquidated damages, appropriate injunctive relief and recovery of attorney fees are available. Employers can also be ordered to hire or reinstate employees if the employee was unlawfully terminated or if the applicant was denied a job due to discrimination.

According to the EEOC, the purposes of the Immigration Reform and Control Act are not eroded by these remedies because eligibility for reinstatement depends on the worker being able to satisfy IRCA's requirements for work eligibility verification.

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