Question

Hassan, an undocumented worker employed by Robco Warehouse, is routinely harassed because of his Middle Eastern ancestry. His supervisors and co-workers often refer to him as a terrorist and call him "Taliban." He complains to the management about the harassment and after a few days, his supervisor conducts an investigation and finds out that Hassan is an illegal alien. This information is relayed to the Immigration and Naturalization Service (INS). Which of the following is the Equal Employment Opportunity Commission (EEOC) most likely to conclude? a) Hassan does not have a claim of discrimination because the Fair Labor Standards Act does not protect undocumented workers from abuse. b) Hassan has a claim of discrimination because the Immigration Reform and Control Act does not allow discrimination in favor of U.S. citizens as against illegal aliens. c) Robco Warehouse will be liable if the company acquired information on Hassan's status through a retaliatory investigation. d) Robco Warehouse is not liable because the Immigration Reform and Control Act does not prohibit discrimination on the basis of citizenship under any circumstances.

Answer 1

Answer: c) Robco Warehouse will be liable if the company acquired information on Hassan's status through a retaliatory investigation.

Explanation:

Title VII of the Civil Rights Act of 1964 protects workers from being retaliated against if they report discrimination that they are going through and as this is a Federal law on discrimination, it covers undocumented immigrants as well.

Hassan complained to management about his supervisors and co-workers calling him a terrorist and his supervisors launched an investigation and when they found out he was undocumented, reported him to the INS.

If the EEOC finds out that they reported him in retaliation, Robco Warehouse would be liable under Title VII of the Civil Rights Act.