EEOC Changes Guidelines on Illegal Workers

Workers who are in the U.S. illegally are entitled to back pay and other remedies if they have been discriminated against by their employers, according to guidelines issued by the U.S. Equal Employment Opportunity Commission. The guidance modifies a 10-year-old EEOC policy that holds that employers can not discriminate against illegal workers on the basis of race, color, sex, age, religion, disability or national origin, even though the employees are not authorized to work in the U.S. The new guidelines require reinstatement or back pay if a worker was the victim of discriminatory termination or failure to hire. The commission said it changed its position because of recent court rulings and changes in law. The new guidelines support immigration laws, the commission said, because allowing employers to discriminate against illegal workers would create an incentive for unscrupulous employers to hire and exploit such workers.