Calif. High Court Says Immigrant's Bias Suit Not Preempted

Law360, Los Angeles (June 26, 2014, 3:36 PM EDT) -- The California Supreme Court on Thursday revived a former Sierra Chemical Co. employee's discrimination suit against the company, saying the plaintiff, who used someone else's Social Security number when applying, could pursue the case because a state employee protections law is not preempted by federal immigration law.

The state's high court ruled that Senate Bill No. 1818, which gives all workers, regardless of immigration status, state employee protections and remedies, isn't preempted by federal law except to limit lost-pay damages for the period after an employer discovers the employee's ineligibility.

During oral arguments in April, counsel for former Sierra employee Vincente...

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