Preventing Workplace Harassment, Discrimination, and Retaliation

(e) Unfair Immigration Practices Effective January 1, 2014, employers are prohibited from engaging in certain unfair immigration-related practices against employees who exercise a right protected under the under the Labor Code or other local ordinance. 146 “Unfair immigration-related practice" means any of the following practices, when undertaken for the retaliatory purposes:  Requesting more or different documents than are required under Section 1324a(b) of Title 8 of the United States Code, or a refusal to honor documents tendered pursuant to that section that on their face reasonably appear to be genuine.  Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under Section 1324a(b) of Title 8 of the United States Code, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system. Exercising a right protected by the Labor Code or local ordinance includes, but is not limited to, the following:  Filing a complaint or informing any person of an employer's or other party's alleged violation of this code or local ordinance, so long as the complaint or disclosure is made in good faith.  Seeking information regarding whether an employer or other party is in compliance with this code or local ordinance.  Informing a person of his or her potential rights and remedies under this code or local ordinance, and assisting him or her in asserting those rights. 148 Under the new law, there is a presumption that immigration-related actions within 90 days of the exercise of a protected right are committed for the purpose of retaliation, and creates a civil cause of action against an employer who commits an unfair immigration-related practice. 149 (f) False Claims Act The False Claims Act is especially pertinent to public entities. These statutes—which exist at the federal and state levels—prohibit false claims for money, goods, or services to a public agency. 150 They are designed “to supplement governmental efforts to identify and prosecute fraudulent claims made against state and local governmental entities.” 151 These statutes define particular circumstances and procedures under which individuals may act as private attorney generals by initiating claims against employers that they believe have submitted false claims to a governmental entity.  Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency.  Threatening to contact or contacting immigration authorities. 147

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 36