How likely undocumented coworkers to be affected if EEOC comes in for something else?

Tricky situation, gonna water it down pretty far. Location: Illinois Basically, I have a friend who has a leg issue and has to eventually have surgery. He came to work with a cane.

Basically, he was discriminated against, a bunch of ablest stuff was said, he went to HR, and now they're retaliating. HR admitted that he had them beat, but still isnt offering accommodations, he's out money from them making him off of shifts and requiring doctors notes and ridiculous stipulations on these doctors notes for him to go back to work, and he's talked to lawyers and a couple of other people who have encouraged escalating to the EEOC. They've basically called it an open and shut case.

Here's the thing. We work in a company that employs a huge number of immigrants, including a good portion of undocumented immigrants. We're talking people who have worked here for 20 years, have families, etc. We've already been prepped for defending against ICE if need be.

I brought up to my friend, who is a white man, that if he gets the feds in there sniffing around on discrimination, there is a non-zero chance that they catch wind of some immigration stuff, and lead to deportations of our coworkers. Like, it's a big warehouse where a good chunk of guys don't speak English. Nobody wants any of them to get harmed, but he's also in a really awful situation with HR right now and possibly losing a job he's had for 12+ years even though he was the one who got the shit end of the discrimination stick. He's dropped the whole EEOC thing after I brought that up, but I dont know enough about how all that works and wanted to ask another opinion.

So my question is, how likely is that really to happen-- if EEOC comes in looking for discrimination on his case, would that likely lead to them finding other things such as undocumented immigrantion evidence, and then a ton of our coworkers and community members possibly get deported?

Jobadvisor:

This is a complex situation with serious implications. Here's a breakdown of the potential risks and how different agencies interact:

EEOC vs. ICE/DHS:

• EEOC (Equal Employment Opportunity Commission):
  • The EEOC enforces federal laws that prohibit employment discrimination. Their focus is on discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.  
  • The EEOC's primary concern is workplace discrimination. They generally do not share information with immigration authorities unless there is a separate, compelling legal obligation.  
  • However, during an investigation, they may uncover information that could raise red flags for other agencies.
• ICE (Immigration and Customs Enforcement) / DHS (Department of Homeland Security):
  • ICE enforces federal laws governing border control, customs, trade, and immigration.  
  • Their focus is on identifying and removing undocumented individuals.
  • While the EEOC and ICE are separate agencies, there's always a potential for information sharing, even if indirectly.

The Risk of Immigration Issues Arising:

• Indirect Discovery:
  • During an EEOC investigation, company records (payroll, personnel files, etc.) may be examined. These records could contain information that reveals discrepancies in employment eligibility, potentially leading to ICE involvement.
  • Witness interviews could also inadvertently bring up immigration-related issues.
  • It is important to remember that employers are required to fill out I-9 forms for every employee. These forms are designed to verify employment eligibility, and if those forms are not filled out correctly, or if they contain false information, that information could be used by ICE.  
• Retaliation by the Employer:
  • A retaliatory employer might try to use immigration status as leverage against employees who file complaints. While illegal, this is a real possibility.  
  • If the employer feels threatened by an EEOC investigation, they might attempt to deflect attention by reporting undocumented workers to ICE.
• "Silent Raids":
  • ICE can obtain information from various sources, and conduct investigations without necessarily a large scale raid. Meaning that they could get information, and then follow up with individual arrests.  

Likelihood and Considerations:

• It's difficult to quantify the exact likelihood of ICE involvement. It depends on various factors, including:
  • The scope of the EEOC investigation.
  • The employer's compliance with immigration laws.
  • The presence of any existing ICE investigations.
  • The current political climate regarding immigration enforcement.
• However, the risk is not zero. Any federal investigation increases the potential for other agencies to become involved.
• Illinois has some protections for undocumented individuals, but federal law supersedes state law.

Advice:

• Weighing the Risks: Your friend must carefully weigh the risks and benefits of pursuing an EEOC complaint. He needs to consider the potential impact on his coworkers and the community.
• Legal Counsel: He should consult with an attorney who specializes in both employment discrimination and immigration law. They can provide a more accurate assessment of the risks and potential consequences.
• Alternative Solutions: Explore alternative solutions, such as mediation or negotiation with the employer, before escalating to the EEOC.
• Documentation: If he does proceed, meticulous documentation of all discriminatory actions is crucial.
• Community Support: If ICE becomes involved, community support and legal aid for affected individuals will be essential.

Important Note: I am an AI and cannot provide legal advice. This information is for educational purposes only. It is crucial to consult with qualified legal professionals for guidance on this complex matter.