Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, many people believe that the new law is preventing employers from hiring Hispanic workers for fear of workplace disruption.
The Problem
According to Mike Sunnucks at the Phoenix Business Journal, Arizona labor and employment attorneys report a growing number of businesses opting out of hiring Hispanics, which could lead to an increase in employment discrimination claims. According to labor and employment attorney Julie Pace, “Anyone who looks and sounds foreign is a concern to some employers. They want to avoid some of the things [e.g., workplace raids] they see in the paper.” Mary Jo O’Neil, a Phoenix attorney for the Equal Employment Opportunity Commission, says she is also seeing an increase in discrimination complaints alleging unfair treatment based on national origin.
Though opponents find comfort in President Barack Obama’s public condemnation of SB 1070, polls from the Pew Research Center show broad national support for the law. According to a recent Pew poll, 59 percent of people support the law in its entirety. Percentages are higher when the law is broken down by element, such as requiring people to produce documents verifying legal status, allowing police to detain anyone unable to verify legal status, and allowing police to question anyone they think may be in the country illegally. Perhaps most interesting is the level of support the law has received from Democrats. Fifty percent of Democrats polled said they support the provision, which allows police to question anyone they think may be in the country illegally.
Bottom Line
Though Arizona’s law is just that — Arizona’s law — the Pew poll shows there is support for tougher immigration laws across the country. Labor and employment attorneys are watching Arizona closely. Can it enforce SB 1070 without seeing an increase in claims filed under Title VII of the Civil Rights Act of 1964? Only time will tell.