Federal Agencies Clarify Limited Impact of Hoffman Plastic Decision

IMMIGRANTS & EMPLOYMENT

Immigrants' Employment Rights and Remedies

FEDERAL AGENCIES CLARIFY LIMITED IMPACT OF HOFFMAN PLASTIC DECISION
Immigrants' Rights Update, Web Edition, July 15, 2002

The U.S. Equal Employment Opportunity Commission (EEOC) and the Dept. of Labor (DOL) recently issued guidance clarifying the impact of the U.S. Supreme Court's decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 122 S. Ct. 1275 (2002). In Hoffman, the Supreme Court ruled that undocumented workers are not eligible for back pay under the National Labor Relations Act (NLRA). Consequently, immigrants' rights advocates have been concerned about the impact of Hoffman on the employment rights of immigrants under other federal laws.

On June 28, 2002, the EEOC announced its unanimous decision to rescind its 1999 Guidance on "Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws" in light of the Hoffman decision. However, the EEOC also reaffirmed its commitment to protecting undocumented workers and reiterated that Hoffman does not call into question the settled principle that undocumented workers are covered by federal statutes prohibiting employment discrimination. Such laws include Title VII of the Civil Rights Act, which the EEOC is charged with enforcing. Title VII prohibits national origin discrimination and sexual harassment as well as other forms of unlawful employment discrimination.

Moreover, "[The] EEOC will not, on its own initiative, inquire into a worker's immigration status. Nor will EEOC consider an individual's immigration status when examining the underlying merits of a charge." The EEOC directed its field offices that claims for all forms of relief-except for reinstatement and back pay for periods after discharge or failure to hire-should be processed in accordance with existing standards regardless of an individual's immigration status. The EEOC is still evaluating the impact of Hoffman on the monetary remedies available to undocumented workers under federal employment discrimination statutes.

The DOL's clarification came in the form of a fact sheet explaining that the Supreme Court's decision in Hoffman is limited to back pay under the NLRA. The agency has stated that it will continue to enforce, under the Fair Labor Standards Act (FLSA), the rights of all workers-regardless of immigration status-to be compensated for work already performed. In addition, the DOL stated that Hoffman did not affect the rights of undocumented workers under the Migrant and Seasonal Agricultural Worker Protection Act (also known as AWPA), which requires employers and farm labor contractors to pay the wages owed to migrant or seasonal agricultural workers when the payments are due. However, the DOL is still evaluating how Hoffman affects other laws, such as the antiretaliation provisions of the FLSA.

The EEOC's guidance, "Rescission of Enforcement Guidance on Remedies Available to Undocumented Workers Under Federal Employment Discrimination Laws," Number 915.002 (June 27, 2002), can be found at www.eeoc.gov/docs/undoc-rescind.html. The DOL's guidance, "Application of U.S. Labor Laws to Immigrant Workers: Effect of Hoffman Plastics decision on laws enforced by the Wage and Hour Division," Fact Sheet #48, can be found at www.dol.gov/esa/regs/compliance/whd/whdfs48.htm.