California Supreme Court Ruling on Employment Protections for Unauthorized Workers: Employment Law Manual Updated

Authors: Melissa A. Silver and Beth Zoller, XpertHR Legal Editors

In Salas v. Sierra Chemical Co., the California Supreme Court held that an employee could pursue a discrimination and retaliation claim against his employer under California's Fair Employment and Housing Act, even though he is an unauthorized alien who used false documents to secure employment. As such, an unauthorized worker may be entitled to state remedies for unlawful discharge, including lost wages, during the period of time before an employer discovers that an employee is ineligible to work.

As a result of this decision, the following California sections of the Employment Law Manual have been updated: