The Manuel Case: Is Immigration Status Relevant to Liability in Civil Proceedings, Including Workers’ Compensation?
WILLIAM A. HERRERAS, ESQ.
ARROYO GRANDE, CALIFORNIA
Does California public policy, implemented by statute, preclude inquiry regarding a workers’ immigration status, thus prohibiting employers and others from intimidating workers in pursuing their protected labor rights, including workers’ compensation benefits?
This question is now pending before the Sixth District Court of Appeal, Santa Clara, in the case Manuel v. Superior Court, Civil No. H048665. Several workers’ interests groups have filed amicus briefs in support of this public policy, which statutorily prohibits inquiry regarding a person’s immigration status in civil proceedings.