The United States Court of Appeals for the Fourth Circuit has ruled that the Equal Employment Opportunity Commission (“EEOC”) has the right to investigate a charge of discrimination filed by an employee who was not legally authorized to work in the United States. EEOC v. Maritime Autowash, Inc., 4th Cir No. 15-1947 (April 25, 2016). Although the Court found the Commission may investigate the claims, it did not resolve the broader question of whether Title VII provides coverage to such undocumented workers.
The case arose when a former employee of Maritime Autowash in Edgewater, Maryland filed a charge of national origin discrimination, alleging he and other Hispanic employees were treated in a discriminatory manner. The employee filed a charge with the EEOC, but Maritime refused to provide information on the Charging Party and other employees, arguing that a worker who did not have proper work authorization was never “qualified” for employment, as is required to make out a case of discrimination under Title VII. After Maritime continued to refuse to provide the information despite being served with a subpoena, the EEOC filed an application to enforce the subpoena in federal court. The Court refused to enforce the subpoena, ruling that the employee’s lack of work authorization precluded him from seeking remedies under Title VII.
The Fourth Circuit disagreed with the District Court, finding that there was nothing in Title VII that explicitly bars undocumented workers from filing charges. The appellate court ruled that it was premature for the lower court to address the question of whether an undocumented worker could recover under Title VII, since the only question before the Court was whether or not the EEOC has the authority to investigate a charge brought by someone without proper work authorization. As stated by Justice Wilkinson, “[t]his has it all backwards … a court need not first address causes of action or remedies any time it addresses an agency subpoena.”
The Fourth Circuit’s ruling does not mean that undocumented workers necessarily have the right to pursue claims of employment discrimination. However, it does mean that the EEOC has the right to investigate claims brought by those workers, and employers need to be prepared for the reality that information on illegal hiring practices and other immigration law violations may have to be turned over the EEOC in the course of such an investigation.