Saturday, April 30, 2016
Immigration Article of the Day: Solution to Hoffman's Choice for Unauthorized Workers: Creating New Incentives to Report Unlawful Workplace Discrimination by Andrew J. Glasnovich
Solution to Hoffman's Choice for Unauthorized Workers: Creating New Incentives to Report Unlawful Workplace Discrimination by Andrew J. Glasnovich, University of Minnesota - Twin Cities, School of Law, Students April 14, 2016 34 Law and Inequality: A Journal of Theory and Practice, Online (2016)
Abstract: This Article will identify how federal law protects unauthorized workers from class-based discrimination and will define the proper scope of relief for violations of these laws. First, this Article examines a conflict in federal law that creates an incongruence between the purported right to a workplace free of discrimination and the corresponding claims for relief available to unauthorized workers. Next, this Article proffers a new analytical framework, based on state law examples, to resolve this legal quagmire, arguing that current jurisprudence does not apply to anti-discrimination statutes. Finally, this Article proposes that Congress amend Title VII of the Civil Rights Act of 1964 (Title VII) to correct the U.S. Supreme Court’s misapplication of immigration law, which stripped unauthorized workers of the basic protections of dignity and workplace security.