A Solution to Hoffman's Choice for Unauthorized Workers: Creating New Incentives to Report Unlawful Workplace Discrimination

16 Pages Posted: 18 Apr 2016 Last revised: 29 Jun 2016

See all articles by Andrew Glasnovich

Andrew Glasnovich

University of Minnesota - Twin Cities, School of Law

Date Written: April 14, 2016

Abstract

This Article will identify how federal law protects unauthorized workers from class-based discrimination and will define the proper scope of relief for violations of these laws. First, this Article examines a conflict in federal law that creates an incongruence between the purported right to a workplace free of discrimination and the corresponding claims for relief available to unauthorized workers. Next, this Article proffers a new analytical framework, based on state law examples, to resolve this legal quagmire, arguing that current jurisprudence does not apply to anti-discrimination statutes. Finally, this Article proposes that Congress amend Title VII of the Civil Rights Act of 1964 (Title VII) to correct the U.S. Supreme Court’s misapplication of immigration law, which stripped unauthorized workers of the basic protections of dignity and workplace security.

Keywords: immigration, employment, Title VII, worker's rights

Suggested Citation

Glasnovich, Andrew, A Solution to Hoffman's Choice for Unauthorized Workers: Creating New Incentives to Report Unlawful Workplace Discrimination (April 14, 2016). 34 Law and Inequality: A Journal of Theory and Practice, Online (2016), Available at SSRN: https://ssrn.com/abstract=2765139

Andrew Glasnovich (Contact Author)

University of Minnesota - Twin Cities, School of Law ( email )

Minneapolis, MN
United States

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