It is generally illegal not to offer a job to someone on the basis of their race, color, or national origin. Do anti-discrimination laws apply to those of different immigration status though?
The University of California (UC) approved a policy in 2023 that allowed all university students the opportunity to work for UC, regardless of immigration status. California has about 80,000 undocumented students. Campus jobs have long been a way for students to pay for their education as well as a way to start their careers in their majors.
However, the UC did not implement the policy in 2024, leading to the lawsuit. UC President Michael Drake has stated that the policy would have opened the university system to legal liability by the federal government. Governor Newsom had vetoed a state bill that would have permitted the policy to proceed forward.
The lawsuit alleges that the university system discriminated against students by violating the California’s Fair Employment and Housing Act.
The federal Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, or national origin. Illegal immigration would not qualify as discrimination based on race or color if all immigrants are subject to the same rules regardless of their appearance or nationality. Discrimination based on immigration status is arguably discrimination based on national origin because it constitutes differing treatment of natural born citizens from immigrants. However, the focus should be on whether immigrants of differing legal status are treated differently rather than citizens and non-citizens.
For instance, a natural-born Hispanic citizen whose parents are from Mexico should be able to receive a paid UC job because he is an American citizen born in the United States. If he has a cousin who is in California legally, then that cousin should be permitted to obtain a paid UC job provided that all legal immigrants receive the same opportunity. On the other hand, if another cousin is not in California legally, then he should not have access to a paid UC job unless the UC reverses itself. The discrimination based on immigration status is not discrimination based on national origin because the cousins are both from Mexico. The distinction is not based on what country they are from, but rather the fact that one person is a legal immigrant while the other is not. Their national origin is irrelevant in this way.
There are two concerns that immigration advocates have that prompted this discussion. First, there is a fear that immigration may lead to a slippery slope. The difference between a legal and illegal immigrant is only a matter of paperwork. There are some people who don’t think about paperwork but would rather use skin color or appearance to decide if someone is legal immigrant or even a citizen. However, the UC system, a public school system, is unlikely to engage in this slippery slope. Even if it does, an employment discrimination lawsuit on the basis of nationality or color with actual evidence is more likely to succeed than a premature lawsuit based on immigration status.
Second, many immigration advocates think in terms of human rights. Every human being is a person deserving of rights regardless of where they are from or what their paperwork is. While human rights are valuable in so far as equal protection of the law, due process, and free speech, the United States government and its state governments’ first obligation is to its own citizens. The UC system can and should prioritize California citizens before everyone else provided that it doesn’t discriminate unfairly against everyone else.
Do I Need an Employment Lawyer?
If you believe that your employer has violated your legal rights as a worker, you should hire a local employment lawyer for further assistance. A skilled employment law attorney can help protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered.