What Are Your Rights in Undocumented Immigrants Workplace Sexual Abuse?

How Legal Immigration Status Impacts Sexual Assault Survivors

For undocumented immigrants, workplace sexual abuse can be even more terrifying than for other survivors. However, federal and Illinois state laws protect everyone, regardless of their immigration status, from sexual violence or harassment. 

Our law firm advocates for immigrant survivors of sexual assault, ensuring their rights are protected. If you experience sexual assault while working, contact us for trauma-informed and culturally informed legal services. 

Understanding Workplace Sexual Abuse and Harassment

Workplace sexual abuse and harassment include a range of actions against someone because of their sex or that are sexual in nature. Some examples of these include:

• Making unwanted or degrading sexual remarks
• Discriminating based on someone’s gender or sexuality
• Threatening a person’s work authorization if they don’t comply
• Demanding sexual favors in return for continued employment or advancement
• Using the fear of sexual assault to force someone to work

Prevalence of Workplace Sexual Misconduct Against Undocumented Immigrants

Undocumented individuals, particularly immigrant women, are at a greater risk of both intimate partner violence and workplace harassment. They may be afraid to lose their jobs or be deported, so perpetrators feel they can get away with sexual violence. 

Abuse rates are hard to determine because so many survivors are afraid to open criminal cases against their attackers. Approximately 47% of low-wage immigrants have limited English proficiency, which makes it more challenging for them to express themselves. Cultural barriers, such as victim-blaming, can also keep them from reporting.

Legal Protections Against Workplace Sexual Abuse for Undocumented Immigrants

Regardless of an employee’s immigration status, all workers have legal rights to work in an environment free from abuse, harassment, and dangerous conditions.  

Federal Protections

Title VII of the Civil Rights Act focuses on ensuring a safe workplace free from harassment and discrimination based on sex. Supreme Court cases, such asPlyler v. Doe,affirm that the Fourteenth Amendment’s right to due process extends to everyone in the United States. 

Additional resources include the Equal Employment Opportunity Commission, which prevents discrimination in the workplace. 

State-Specific Protections

The Illinois TRUST Act does not permit municipalities to enforce federal immigration laws, including detaining or questioning individuals about their immigration status. The VOICES Act enables local law enforcement to help trafficking survivors become legal residents, protecting them from deportation. However, the victim must cooperate with any criminal prosecution of their attacker. 

Lastly, Chicago is a Sanctuary City that does not cooperate with federal immigration officials, such as when deporting or questioning a person’s status (2-173). This means that city officials will not attempt to deport you if you seek help for sexual assault. 

Confidentiality Protections

Your lawyer will not disclose your immigration status to anyone under attorney-client privilege, keeping it separate from your civil sexual assault case. Additionally, our Chicago sexual assault attorneys can file a protective order that prevents the disclosure of sensitive information like your legal status. 

Filing a Workplace Sexual Abuse Claim

If you are a victim of sexual abuse or harassment, there are steps that you can take to file a workplace sexual abuse claim.

Document the Harassment or Abuse

It is extremely important that you keep detailed records of harassment. Evidence you should gather includes:

• Dates, times, descriptions, and people involved in each event
• Witness statements from fellow employees
• Emails that the perpetrator had sent you
• Sexually harassing or abusive signs

Note that the Illinois Eavesdropping Act prohibits recording private conversations without the consent of the other person. If you want to record conversations, you must ask permission.

Report to HR or Management

You should next report the sexual harassment or assault to upper management or Human Resources. They will document the evidence and explain how to file a complaint.

If the perpetrator retaliates, such as by reducing your hours, demoting you, or refusing to pay you, you can then file an employment lawsuit. 

File a Complaint with the EEOC or Illinois Department of Labor

If the employer does not comply, you can file a complaint with the Equal Employment Opportunity Commission or the Illinois Department of Labor. These organizations will investigate the claim, determine if you have a complaint, and provide you with a right-to-sue letter. This letter indicates that the EEOC or IDL believes you have grounds for a lawsuit. 

Consult an Attorney and File a Lawsuit

Once you have your right-to-sue letter, schedule a free consultation with a sexual abuse lawyer who specializes in workplace sexual harassment cases and who has experience working with undocumented immigrants. 

Our team will ensure your immigration status is not used against you in court, prevent retaliation, and thoroughly investigate the case to ensure you have the best possible chance at receiving a fair settlement. 

Damages you can claim include:

• Lost wages
• Medical bills if you were sexually assaulted
• Pain and suffering
• Emotional trauma
• Reputational damages

Challenges Undocumented Immigrants Face When Filing Workplace Sexual Abuse Claims

We understand the serious impact that workplace sexual violence can have on a person’s life, especially if they are worried about their immigration status. Our skilled attorneys are deeply familiar with the additional challenges that immigrant women face after a sexual assault and will work tirelessly to protect your rights. 

Fear of Deportation or Retaliation

Understandably, many undocumented immigrants are concerned that they might be deported for filing a personal injury claim. However, Illinois has strong legal protections for immigrant survivors. Immigrant status does not impact your civil rights, and a lawsuit will not trigger deportation. 

There are also privacy protections for undocumented immigrants in legal cases. These can protect you and your family’s privacy during court proceedings by limiting the public accessibility of court rulings. 

Lack of Awareness of Rights

Everyone in the United States has the same rights to a safe workplace, no matter their national origin, visa status, or lawful entry. However, immigrants may not be aware of their legal rights.

If you suffered certain types of sexual violence, such as human trafficking, you may be eligible for a U Nonimmigrant Visa. The U Visa is reserved for individuals who were victims of physical or mental abuse, such as kidnapping, extortion, or domestic violence. To obtain this visa, you must assist law enforcement in investigating criminal activity. 

We can connect you with organizations that help sexual assault survivors, such as victim advocates who can be present with you at hearings. 

Language Barriers

Immigrants who do not speak English may be afraid that no one will be able to help them. This can make them hesitant to reach out to an immigration attorney or personal injury lawyer. However, social services organizations can provide translators who can assist you in sharing your story. Chicago organizations, such as Metaphrasis, can translate legal documents for you, while Illinois Language Services offers interpreters. 

Consult a Sexual Assault Lawyer Near You!

Those who experience sexual assault should never live in fear that their legal status may be threatened. With over 5,000 clients assisted, we boast a 98% success rate and have secured more than $450 million in damages. 

Rosenfeld Injury Lawyers is committed to protecting immigrant survivors, and we work on a contingency fee basis. You owe us nothing unless we win your case. 

Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.