Q: I WORKED as a caregiver in a nursing home. I complained to my manager that the owner’s husband was sexually harassing me, but she told me I was overreacting and told me I should be thankful I have a job. When I complained again after the owner’s husband touched me inappropriately, the manager called me a troublemaker and fired me.
I think what they did was wrong, and I want justice. But I’m afraid to take them to court because I’m still in the process of fixing my immigration papers. If I sue them for unlawfully firing me, can they use my immigration status against me in court?
A: As you suspected, you may indeed have a claim for unlawful retaliation under the California Fair Employment and Housing Act (“FEHA”). FEHA protects California employees against retaliation for an employee’s reasonable and good faith act of opposing a practice forbidden by law, such as sexual harassment.
You may also have claims for the hostile work environment created by the sexual harassment you suffered, as well as your employer’s failure to prevent the sexual harassment. These are types of discrimination based on gender that are unlawful under FEHA.
As to immigration status, California has a strong public policy that the protections of employment laws extend to all employees, whether documented or not. Under California Labor Code § 1171.5(a), where an employee alleges that her employer violated California employment laws, the employer is prohibited from inquiring into the employee’s...
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