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BOLI Reaffirms that Threatening to Call ICE Against Workers is Illegal Retaliation, Regardless of Immigration Status
Portland, OR – The Oregon Bureau of Labor and Industries (BOLI) today issued a clear warning to employers: threatening to report a worker to federal immigration authorities (ICE) because they raised concerns about their working conditions is illegal retaliation under Oregon law, and BOLI will take swift and aggressive action to enforce the law in these cases.
BOLI enforces workplace protections for all workers in Oregon, regardless of immigration status. It is illegal for an employer to retaliate against an employee for asserting their rights, including by threatening or taking action to report them to immigration authorities.
“Intimidating and silencing workers who simply want to be treated fairly by threatening or actually calling immigration officials on them is one of the most egregious forms of retaliation,” said Christina Stephenson, Commissioner of the Bureau of Labor and Industries. “The Bureau will prioritize these cases as they can have a significant chilling effect on the workplace and will use every enforcement tool available to ensure that if employers are found to have violated the law in this way, they are held accountable to fullest extent of the law.”
Oregon law prohibits discrimination based on actual or perceived national origin, which includes actions that target workers based on their immigration status, ethnicity, language, ancestry, or cultural traits. That means employers cannot discriminate against workers or retaliate against them because of who they are, who they are perceived to be, or who they associate with. More guidance on Oregon’s national origin discrimination protections can be found here: National Origin Discrimination Guidance (PDF).
Reyna Lopez, Executive Director of Pineros y Campesinos Unidos del Noroeste (PCUN), Oregon’s farmworker union, added:
“For too long, employers have weaponized the fear of deportation to silence workers speaking out against unsafe, unjust, and illegal conditions. This conduct has only grown worse under the federal administration’s aggressive deportation policies. We’re grateful to have a state labor agency that stands firm against this kind of retaliation and defends the rights of some of Oregon’s most vulnerable workers.”
If you or someone you know has experienced retaliation, discrimination, or harassment at work, you can file a complaint with BOLI here.
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Led by Labor Commissioner Christina Stephenson, the Bureau of Labor and Industries protects employment rights, advances employment opportunities, and protects access to housing and public accommodations free from discrimination for all Oregonians. If you believe you have been denied your rights at work or in public spaces, you can file a complaint online.
www.Oregon.Gov/BOLI
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