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Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decision Making?, Christine N. Cimini
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decision Making?, Christine N. Cimini
Christine N. Cimini
This article examines judicial decision making in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this article identifies a uniform judicial reliance upon “fault-based” factors. This article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decision making …
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decision Making?, Christine N. Cimini
Undocumented Workers And Concepts Of Fault: Are Courts Engaged In Legitimate Decision Making?, Christine N. Cimini
Christine N. Cimini
This article examines judicial decision making in labor and employment cases involving undocumented workers. Labor and employment laws, designed to protect all workers regardless of immigration status, often conflict with immigration laws designed to deter the employment of undocumented workers. In the absence of clarity as to how these differing policy priorities should interact, courts are left to resolve the conflict. While existing case law appears to lack coherence, this article identifies a uniform judicial reliance upon “fault-based” factors. This article offers a structure to understand this developing body of law and evaluates the legitimacy of the fault-based decision making …