Does the Employee Free Choice Act only apply to legal immigrants?

Answer 1

No, it applies to everyone.

Although immigrant workers can be especially vulnerable to workplace abuses, federal and state laws often do not provide adequate wage and hour or health and safety protections, and those that do exist are sparsely enforced. According to a report by the Human Rights Watch, "Federal Laws and policies on immigrant workers are a mass of contradictions and incentives to violate their rights." Limited English skills, lack of knowledge about their rights, and concerns about their Immigration status make it especially difficult for immigrant workers to organize to protect themselves. For example, employers threaten to call Immigration and Customs Enforcement in 52 percent of organizing efforts involving undocumented workers.

A worker's right to decide how to choose a union plays an important role in ensuring that immigrant workers are protected and respected at the workplace. Through collective bargaining agreements and representation of workers, unions can protect immigrant workers from unjust terminations, discriminatory treatment and other unfair work conditions that federal and state laws often do not protect against. Only then will workers be able to take control of their workplace conditions and bargain at a level field with their employers.

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