Undocumented Workers Have the Right to:

Employment free from discrimination on the basis of protected class or status (ex: race, national origin, pregnancy, disability, etc.). This includes discrimination based on requests for family/medical leave or requests for pregnancy accommodations.

• Request pregnancy accommodations or job-protected leave.

• Employment free from retaliation because they asserted their right to be free from employment discrimination.

• Receive paid family leave benefits through the D.C. Office of Paid Family Leave

  • Workers without a Social Security Number (SSN) can apply with an Individual Taxpayer Identification Number (ITIN)

    • Using an ITIN does not impact eligibility.

    • Note: The approval process is longer if using an ITIN.

• File an EEOC charge if any workplace rights have been violated. The Equal Employment Opportunity Commission (EEOC) will investigate claims regardless of the worker’s immigration status.

• Apply for workers’ compensation. Virginia limits workers compensation benefits for undocumented workers to medical benefits, including temporary disability, permanent disability, and permanent impairments.

Challenges for Undocumented Workers:

While undocumented workers have employment rights against discrimination, an employer must terminate them if they become aware of a lack of authorization to work.

• But an employer CANNOT use immigration status as an excuse to fire undocumented workers who assert their workplace rights.

• Undocumented workers may have limited remedies if they file a complaint. They may not be eligible for relief in the form of back pay, front pay, or reinstatement if they are found to be unauthorized to work.

• In the event of termination, undocumented workers are not eligible for unemployment compensation.

Reporting Relationships to the Federal Government:

First Shift Justice Project works with people regardless of their immigration status.

• First Shift Justice Project works with government agencies that do NOT report immigration status to the federal government.

• The Equal Employment Opportunity Commission (EEOC) does NOT report immigration status to the federal government or federal agencies.

• The D.C. Office of the Attorney General (OAG) does NOT report immigration status to the federal government or federal agencies.

• The D.C. Office of Paid Family Leave will NOT investigate immigration status when approving a benefits application.

• In general: D.C. government agencies do NOT have a reporting relationship to the federal government about workers’ immigration status.

• Reporting relationships in Maryland and Virginia are variable. Please reach out to First Shift if you have questions about Maryland or Virginia government agencies’ reporting relationships.

Your Options as an Undocumented Worker:

You can make a request for deferred action.

• The Department of Homeland Security (DHS) may grant a worker’s permit and immunity from deportation for a period of 2 years. This allows undocumented workers to assert their employment rights without fear of deportation.

  • Deferred action does not give legal status. BUT while deferred action is in effect the applicant is authorized to stay in the U.S.

• You can seek advice from a lawyer.

  • Need help with an immigration matter?

    • Ayuda (D.C./Maryland/Virginia): https://ayuda.com

    • CARECEN (D.C.): https://carecendc.org/

    • Legal Aid D.C. (D.C.): https://www.legalaiddc.org

  • Need help with workplace rights?

    • First Shift Justice Project provides free services to workers in D.C., Maryland, and Virginia. First Shift provides free legal services related to job-protected family or medical leave, workplace accommodations for pregnancy and breastfeeding, D.C. Paid Family Leave benefits, workplace accommodations for domestic violence, and discrimination based on the need for job-protected leave and workplace accommodations. Please contact First Shift at 202-644-9043 or intake@firstshift.org