Discrimination
National Origin and Immigrant Worker Discrimination Lawyers in California
California employment law protects you no matter your immigration status. Talking to us is confidential.
Your Rights Do Not Depend on Your Papers
Under Labor Code section 1171.5 and Civil Code section 3339, all protections, rights and remedies available under California law apply regardless of immigration status. Status is irrelevant to an employer’s liability.
In practice that means unpaid wages, penalties, discrimination damages and harassment claims all stand, and state agencies do not require proof of status to take a claim.
Employers also cannot dig into your status after the fact to escape liability, under the after-acquired-evidence limits in Salas v. Sierra Chemical Co.
Threats to Call ICE Are Illegal Retaliation
Under Labor Code section 1019, threatening to report someone’s immigration status because they exercised a legal right is an unfair immigration-related practice, and the employer’s business license can be suspended.
Labor Code section 1019.1 carries civil penalties of up to $10,000 per violation, payable to the employee.
The fact patterns: a threat after a wage complaint, after a workers’ compensation claim, or after refusing unsafe work. And threats aimed at an employee’s family members.
Stated carefully: status threats used to extract labour can cross into criminal conduct, which we address through counsel.
What National Origin Discrimination Covers
FEHA and its regulations define national origin broadly to include ancestry, accent, language, cultural traits, name and association, plus perceived origin.
Accent discrimination is lawful only when the accent materially interferes with job performance, a bar employers rarely meet for most roles.
“English-only” rules are presumptively unlawful unless justified by business necessity and properly noticed, and break-room or lunchtime conversations are never covered.
SB 294, the Workplace Know Your Rights Act
Framed as a notice statute and a retaliation hook, not a new standalone discrimination cause of action.
SB 294 imposes new employer duties effective in 2026. Employers must give all employees an annual written rights notice beginning February 1, 2026 using the Labor Commissioner’s template, collect a designated emergency contact from each employee by March 30, 2026, and notify that contact if the employee is arrested or detained at work.
The plaintiff-side angles: a failure to give the required notice can show employer knowledge and support a retaliation narrative, and reprisal against an employee who asserts SB 294 rights is itself retaliation.
Proving It
- Recordings and texts of threats, where lawfully obtained. California is a two-party-consent state, so ask us first.
- Witnesses from the same crew, and patterns across coworkers of the same origin.
- Timing: the complaint or injury date against the threat or firing date.
- Pay records showing origin-based crew pay gaps.
Employer Defenses, and Our Counters
“He Was Never on the Books”
Off-the-books employment still creates employer duties. We reconstruct wage records through employee testimony.
“Business Necessity for English”
Necessity means the rule is required for safe and efficient operation. We counter with the reality of the job.
“We Were Just Re-Verifying Documents”
I-9 re-verification timed to a complaint is retaliation evidence.
What Is a National Origin Case Worth?
Value can stack: discrimination damages under California’s Fair Employment and Housing Act (FEHA), the state’s main workplace discrimination law, plus Labor Code 1019.1 penalties, plus any unpaid wage and hour claims.
Deadlines
Generally three years to file with the Civil Rights Department, the state agency that handles discrimination complaints, and one year from the right to sue letter.
Labor Code retaliation claims run on their own clocks, without agency exhaustion.
What to Do Right Now
- Save every threat: texts, voicemails, witness names, dates.
- Keep your own record of hours and pay. Photos of schedules count.
- Do not quit, and do not sign anything presented after a complaint.
- You can consult us without giving your status, and we never report anyone.
Frequently Asked Questions
Can My Employer Call ICE on Me for Complaining About Pay?
That threat is itself a violation, with penalties under Labor Code 1019 and 1019.1.
Can Undocumented Workers Sue Their Employers in California?
Yes, under Labor Code 1171.5 and Civil Code 3339. One remedy, reinstatement, can be limited by federal law.
Will Filing a Claim Expose My Immigration Status?
Status is irrelevant to liability, and discovery into it is restricted.
Are English-Only Rules Legal at Work?
Only under a genuine business-necessity standard, and breaks are never covered.
Can I Be Paid Less Because I Am on a Visa?
No. Origin-based pay gaps violate FEHA and California’s equal pay rules.
What Is the New SB 294 Notice My Employer Must Give?
An annual February 1 rights notice, plus emergency-contact rights. A missing notice can matter to your case.
Employment Law Resources
- California Civil Rights Department, national origin and immigrant worker protections: calcivilrights.ca.gov
- Labor Code 1019, unfair immigration-related practices: leginfo
- Labor Code 1171.5 and Civil Code 3339, rights regardless of status: leginfo
- SB 294, the Workplace Know Your Rights Act and its 2026 notice duties: leginfo
- California Labor Commissioner, immigrant worker rights and retaliation: dir.ca.gov
Tell Us What Happened
One business day for a response. You pay nothing unless we win.