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Insist on Workers' Rights for All, Regardless of Immigration Status
The Supreme Court's Hoffman decision excludes 11 million workers in the U.S. from basic workplace rights. A California bill, SB 1818, seeks to ensure that all California workers are protected by California's laws and that employers will not have additional incentives to exploit undocumented workers. Let your elected representatives know that you want to preserve a fair workplace for all.
Dear [ Decision Maker ] , Please support Senate Bill 1818 (Romero) to ensure that all California workers, regardless of immigration status, are protected by the rights, remedies and protections of California's labor and civil rights laws. The Supreme Court's decision in Hoffman Plastics Compounds v. NLRB threatens to undermine California labor, employment and civil rights laws, especially those that affect collective bargaining, working conditions, discrimination and retaliation. The decision curtails the rights of hundreds of thousands of California workers and impairs the ability of 11 million undocumented workers in the United States to fight against discrimination and exploitation. It distorts our labor markets and provides incentives for employers to exploit undocumented workers. I urge you to support SB 1818. All California workers, regardless of immigration status, should be entitled to basic civil rights protections. Jose Castro was fired for his labor organizing activity at the plant where he worked; that's a violation of our laws. We need to make sure that employers respect California's laws and that all California workers are protected by the fair workplace ground rules we've agreed on as a state.
Sincerely, |
Campaign Launched: |
| Background Information |
In the late 1980's, Jose Castro began organizing for a union at Hoffman Plastics Compounds, a company based in Southern California. In 1989, the company fired him for this activity -- even though our laws guarantee workers the right to organize. Castro stood up for his right to organize and was awarded back pay. But this year, the Supreme Court overturned the back pay penalty on the company, because at the time he was fired, Castro was an undocumented worker.
The Supreme Court's Hoffman Plastics Compounds v. NLRB decision eliminated the penalty for an employer who broke the law in its treatment of an undocumented worker, and the ramifications of that decision are profound for all workers.
Hoffman threatens to undermine California labor, employment and civil rights laws, especially those that affect collective bargaining, working conditions, discrimination and retaliation. Unscrupulous employers have already begun to cite Hoffman as a defense against penalties and damages in sexual harassment cases, in discrimination cases, and in a variety of conflicts with workers. Some employers now see undocumented workers as a class of workers who can be exploited without any consequences. This distorts our labor market and makes the rights of all workers less secure.
Senate Bill 1818, by Senator Gloria Romero, would protect the rights of all California workers by limiting the damage of Hoffman. Under SB 1818, employers found guilty of violating California's existing laws will be subjected to penalties, regardless of the employee's status.
SB 1818 affirms that all California labor, employment, civil rights, and employee housing laws apply to all workers in the state, regardless of immigration status.
