Law Commons^™

Immigrant Labor And The Occupational Safety & Health Regime; Part I: A New Vision For Workplace Regulation, Jayesh Rathod

Jayesh Rathod

This article is the first in a series of three articles that together form a scholarly project that unearths the causes of recent trends in immigrant worker fatalities and injuries in the U.S., and presents recommendations for reversing it. The article examines how the history, structure, and operations of the federal Occupational Safety and Health Administration (OSHA) have, at times, obscured the workplace safety concerns of immigrant workers and have left these workers with no meaningful voice in the regulatory process. The article presents a set of regulatory imperatives to guide OSHA’s future work with respect to immigrant workers. These …

Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros

Maria L. Ontiveros

(This paper is a working draft, which will be published in final form by the University of Chicago Legal Forum, Vol. 2009.)

The article examines international and domestic legal challenges filed by traditional labor unions, in coalition with others, against the government of the Unites States of America. The article argues that these lawsuits can help protect the civil rights of low-wage workers by creating a coherent legal theory defending the civil rights of low-wage workers and by creating an identifiable change agent to work on that defense. The lawsuits include those challenging governmental action with respect to immigrant workers, …

Harassment Of Female Farmworkers - Can The Legal System Help?, Maria Ontiveros

Maria L. Ontiveros

This paper provides an in depth and highly textured description of "sexual harassment" as experienced by female farmworkers in California. It explains how the harassment is affected by the extremity of the consequences she faces if she does not comply with the harassment; the structural difficulties in the reporting of and response to these incidents of sexual harassment; the sexualization of migrant women; the cultural factors that influence the harassment; and the fluidity of her workplace. It then critiques both current legal doctrine and current feminist theories of sexual harassment as inadequate to address these workers' concerns. It suggests an …

Female Immigrant Workers And The Law: Limits And Opportunities, Maria Ontiveros

Maria L. Ontiveros

This paper explains the reasons that traditional United States labor and employment laws are incapable of effectively addressing the types of workplace problems confronting female immigrant workers. It critiques the protections supposedly offered by the free market, labor standards, antidiscrimination laws and collective bargaining. It argues that statutory exclusion, immigration issues, nonrecognition of injury, and cultural limitations thwart the effectiveness of traditional approaches. It then describes a variety of initiatives and approaches being taken at the domestic and international level that more effectively address these problems. These initiatives include the use of the Thirteenth Amendment and antitrafficking legislation, as well …