The Manuel Case: Is Immigration Status Relevant to Liability in Civil Proceedings, Including Workers' Compensation?

• Jurisdiction: California,United States
• Citation: Vol. 35 No. 2
• Publication year: 2022
• Author: WILLIAM A. HERRERAS, ESQ.
• topic: Civil Rights,Labor Law,Immigration Law,Employment Law,Civil Procedure,Public Sector Law,Workers Compensation

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.

FACTUAL AND PROCEDURAL BACKGROUND

A writ of mandate filed by the plaintiff, Rigoberto José Manuel, challenged an order of the superior court compelling a response to a discovery order inquiring about the plaintiff's immigration status.

DISCUSSION

Over 2.8 million undocumented immigrants are estimated to be living in California—25 percent of all such residents in the nation.¹ Many of these immigrants are likely to work in low-wage, high-injury industries like manufacturing, meat packing, poultry, textiles, agriculture, construction and restaurants.² Because of their high-risk jobs and low wages, these workers are greatly in need of the protections of California's workers' compensation system.

The California Legislature has responded to this need by extending workers' compensation protections to undocumented workers. The Legislature has not...