November 30, 2022

Volume XII, Number 334

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Employer May Not Inquire Into Former Employee’s Immigration Status

Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022)

Rigoberto Jose Manuel sued his former employer, BrightView Landscape Services, Inc., for wrongful termination after he was injured on the job.  Manuel alleged his employment was terminated in retaliation for his job injury; BrightView asserted that Manuel failed to return to work due to federal immigration authorities’ questioning his eligibility to work in the United States.  Manuel objected to BrightView’s discovery requests inquiring into his immigration status, but the trial court granted BrightView’s motion to compel further responses.  In this writ proceeding, however, the Court of Appeal granted Manuel’s petition for a peremptory writ of mandate and directed the trial court to deny BrightView’s motion compelling Manuel to provide further responses.  The appellate court held that Cal. Lab. Code § 1171.5 precludes discovery of a person’s immigration status unless the person seeking to make such an inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 283
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
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Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
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