The treatment of illegal immigrants in the workplace is both a legal issue and a serious moral concern. Understanding that there are approximately 8 million unauthorized individuals contributing to the US workforce there is an ethical obligation to protect their personal rights and establish companies’ duties and responsibilities to these workers. Undocumented workers can be found in all industries, however they tend to be overrepresented in the fields of construction and farming; providing basic employee rights to these individuals is a minimal requirement (). Additionally, immigrant employees are susceptible to increasingly abusive workplace environments. Often lacking an understanding of their rights and protections provided under U.S. laws, immigrants face language barriers, feelings of isolation, and their race and gender brand them as easy targets for abuse. Predominately immigrant employees find themselves working in low-wage positions and industries including: agriculture, manufacturing, restaurant and hotel services, child care, and other retail outlets. Despite federal laws and regulations outlawing harassment and discrimination, illegal immigrants are often subjected to physical and verbal abuse in the workplace and employers take advantage of workers with little fear of repercussion. In instances where illegal immigrants have attempted to affirm their rights, employers have asserted that violations or claims filed are invalid and therefore not eligible for legal remedy based on the employee’s immigration status. Efforts crafted by these organizations have discouraged undocumented workers from exercising their rights to insist on a workplace free of harassment and exploitation, often fearing deportation or separation from their families with little hopes of legally prevailing. Founded in basic principles and constitutional protections, any person residing in the US has equal rights to protection under the law and for due process and fair treatment. Fortunately, courts throughout the country have begun to provide increasing support to workers to prevent intimidation of undocumented employees. Employers do not have an open opportunity to exploit or harass employees based on their immigration status.
This paper introduces social justice issues such as unequal employment opportunities that Hispanics are faced with daily in the United States, including recommendations for changes and/ or enhancing the Hispanic employment opportunities and communities. The social system affected by unequal employment opportunities for Hispanics and any ethical implication will be addressed. Inclusive are the various theoretical perspective
Throughout the Twentieth Century, the evolution of workers’ rights in the workplace has drastically evolved. Through the utilization of constitutional freedoms, workers across the nation came together to support the goal of receiving fair treatment from employers when it came to wages, work conditions, and benefits. However, this wasn’t achieved without great sacrifice from the average man as standing up for their rights was a brave act that usually resulted in consequences.
Illegal immigration has been a hot topic in the United States. For those who were born in the states, they are primed to see that most illegal immigrants are not welcome. Yet these immigrants see the United States as a land of opportunity. According to independent research by the Pew Research Hispanic Trends Project, there were 8.4 million unauthorized immigrants employed in the U.S.; representing 5.2 percent of the U.S. labor force (Goodman, 2014). We will examine the different sociological perspectives to understand this topic.
Cundal and Seaman discuss the many ways in which the Temporary Foreign Worker Program (TFWP) is abused and the effects of this misuse on the workers. Temporary Foreign Workers (TFW) are working jobs that should be classified as long term positions, not short term. This incorrect classification affects a worker’s salary, healthcare plan, pension, vacation pay, and sick days. Cundal and Seaman also address the ways in which TFW are more susceptible to employer abuse than other workers. Temporary Foreign Workers must apply for a Labour Market Opinion (LMO) before switching employers, which can take up to five months; most workers cannot afford to live without a source of income for this length of time. This usually compels workers to keep serious issues private. Many workers are also uninformed about their basic rights, which often leaves them exposed to mistreatment or abuse by employers. Cundal, an immigration lawyer in Calgary and Seaman, a human rights and civil liberties researcher wrote an unbiased and fact based article using a wide variety of sources including articles, reports, and newsletters. Cundal and Seaman provided an extensive reference list in addition to footnotes to support their writing. The authors not only address the human rights issues faced by TFW’s, they also identify ways in which these issues can be resolved. Cundal and Seaman however, fail to provide information on how many TFW are affected by employer abuse and exploitation. This information is
They help to preserve the societal status quo by, firstly, legitimating the exploitation of immigrants, secondly, diverting workers’ attention from the true cause of their insecure position, thirdly, splitting the labor movement and weakening class consciousness” (Castles and Kosack, 460). The first function, in particular, is practiced within American society. For instance, Mexican immigrants are subject to work in inferior labor jobs that do not pay well. Illegal immigrants are treated almost inhumane having to do low paying jobs such a meat packing that causes injuries and disease among
To say that immigrants in America have experienced discrimination would be an understatement. Ever since the country formed, they have been seen as inferior, such as African-Americans that were unwillingly brought to the 13 colonies in the 17th century with the intention to be used as slaves. However, post-1965, immigrants, mainly from Central and South America, came here by choice. Many came with their families, fleeing from their native land’s poverty; these immigrants were in search of new opportunities, and more importantly, a new life. They faced abuse and Cesar Chavez fought to help bring equality to minorities.
A comment was made in Facebook about Illegal Immigrants; for example, an acquaintance wrote a comment that said, “I would work in the fields, but not for minimum wage!” Illegal Immigrants work the fields picking legumes for less than minimum wage; farmers pay these rates so that food cost can be minimal for citizens. People are happy when cost of food, goods, and services are low, but once prices go up we complain. Small companies and farmers hire Illegal Immigrants because these people are afraid of deportation. Some employers abuse Illegal Immigrant by overworking, and not providing health care. For instance, employers know that if the person complains they only need to call Immigration and he will be replaced by another. These people encounter obstacles to arrive in the United State and reach the American Dream. Sometimes they even
Through the years, America has made an overall improvement in eliminating discrimination, inequality and slavery and focusing more on inclusion, equal rights, and equal opportunity. Despite a considerable improvement, there are corporations and individuals that often revert to archaic means of treating employees, creating hostile environments. Consequently, different advocacy groups and laws still remain in effect and continue to evolve to protect the citizens and non-citizens of the USA.
From evidence based practice, it has been proven that racism and discrimination is evident in our society. As defined by Webster’s Dictionary, “racism is the poor treatment or violence against people because of their race; and discrimination is the unfair treatment of a person or group of people differently from other people or groups of people” (Merriam Webster, 2015). However, in America many immigrants witness, and as well become victims of such behaviors. The hopes and dreams of happiness and sovereignty while in America for some can be a harsh reality. In fact, immigrants are faced with employment discrimination, healthcare discrimination and last but not least housing discrimination. However, this alone can be challenging while fighting to overcome oppression. In the article below these issues are addressed by Isabell Martinez a Hispanic immigrant, and examined alongside the critical race theory, which explains racial inequality in the U.S.
The presupposition that undocumented immigrants should receive the same rights as American citizens are a categorical truth. Although some advocates against undocumented immigration would argue that they have overpopulated our nation, these romantic critics are too dogmatic in their provincial ideology. Everyone has the human rights and have the authority to enter to the country without being deported. People should know the reasons why immigrants come to America before deporting them. More than 11 million immigrants are undocumented in America and about 800,000 immigrants come to America each year. These immigrants come to America because they want to escape persecution and seek new opportunities.
It has been argued since the start of immigration whether or not aliens (undocumented or documented) should have the same equal rights as Americans when it comes to employment, education, and benefits in the United States. Despite what individuals believe or disbelieve, under certain acts, codes, laws, and the U.S. Constitution, all aliens have rights, regardless of their immigration status. In this paper I will discuss an overview of the court case, Patel v, Quality Inn South, which deals with an undocumented alien who was able to recover funds from his former employer. I will explain the acts that impacted the case, whether I agree or disagree with the outcome of the case, and my personal opinions of the case itself.
Title VII of the Civil Rights Act of 1964 is a federal Law that prohibits employers from discriminating against employees on the grounds of sex, race, color, national origin and religion (www.aauw.org). Thus far in our lectures we have discussed the strategies used by various minority groups who have been discriminated against in violation of Title VII. There has been land mark decisions made from the hard fought fights by, African Americans, Women, Mexicans and Jewish alike. Their challenges of non-compliance and enforcement of Title VII brought successes that didn’t come without sacrifice, division and in some cases physical harm.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of
In the U.S. labor relations, a group of employees who desire to bargain collectively rather than individually, are those who typically form a union (Dooley, 1957). This demonstrates to the employer that the majority of its employees support the union and the organizing process begins. First, employees cannot form a union without abiding by certain basic procedural steps and legal standards that are required. Decisions to vote against or for a union are based on factors such as satisfaction with their job, beliefs of the effectiveness of the union, and the culture or social environment in which the employee works. Next, when an employer exerts undue punishment to an employee who the employer suspects as being an illegal alien, this may be poor public policy. From a legal perspective, a recent federal court case, Singh v. Jutla & C.D. & R. Oil, Inc., 214 F. Supp. 2d 1056 (N.D. Cal. 2002) spoke to this issue. In this case, when the plaintiff Singh filed a wage claim under the Fair Labor Standards Act (FLSA), the employer fired him and reported him to INS as an illegal alien (Labor Law, 1969). Likewise, the union certification process which was established by the National Labor Relations Act (NLRA) in 1935 was a victory for workers waning union representation upon its initial implementation. Workers could petition the National Labor Relations Board (NLRB) for a determination made democratically of whether a majority of workers favored unionization (Labor Law, 1969). This effort