NYCLU Praises Court Of Appeals Decision Protecting Rights Of Undocumented Workers

In two 5-to-2 decisions, New York’s highest court ruled on behalf of two construction workers who sued after they were injured.

“From a policy perspective this issue is a no-brainer,” said Donna Lieberman, Executive Director of the NYCLU. “That a person has broken one law doesn’t mean he or she loses the protection of other laws. Employers are not exempt from obeying the law with regard to workers who are undocumented. Any employee ought to be able to sue an employer against whom that employee has a claim. To have decided otherwise would have been an invitation to lawlessness and exploitation of an already vulnerable population.

“This an important decision because there are far too many stories in which undocumented workers are exploited with terribly tragic results, simply because employers have assumed that undocumented workers will not pursue the legal remedies that are their right,” Lieberman continued. “This decision will send the message to employers that they are not above the law.”

The cases are Majlinger v. Cassino Contr. Corp. and Balbuena v. IDR Realty.