Undocumented Workers Have Rights Against Sexual Harassment in South Carolina
Fear keeps many undocumented workers silent when supervisors demand sexual favors in exchange for job security. Managers exploit immigration status as a weapon, threatening to call ICE if employees refuse or report harassment. South Carolina and federal law provide protections that undocumented employees often do not know exist.
How Employers Weaponize Immigration Status
Employers deliberately target undocumented workers for sexual harassment because they believe these employees will not fight back. Supervisors issue threats such as “Keep me happy or I’ll report you to immigration” or “You have no rights here, so comply.”
Managers also create hostile environments by commenting on accents, questioning documentation or joking about deportation while making unwanted advances. They leverage workers’ economic vulnerability and family responsibilities to enforce compliance.
Language barriers and unfamiliarity with legal rights compound the problem. Harassers exploit confusion by claiming that immigration status eliminates all worker protections.
Federal Law Protects All Workers Regardless of Status
Title VII of the Civil Rights Act of 1964 prohibits workplace sexual harassment for all employees, regardless of immigration status. The EEOC enforces this protection and prohibits employers from using immigration status as retaliation for filing complaints.
Federal courts have ruled that employers cannot evade liability by hiring undocumented workers. The Supreme Court in Hoffman Plastic Compounds limited certain remedies but confirmed that basic civil rights remain enforceable.
South Carolina Employment Protections
South Carolina follows federal anti-discrimination law for workplace harassment. State human affairs laws mirror federal protections. Undocumented workers can file complaints with the EEOC and the South Carolina Human Affairs Commission.
The state recognizes immigration-related threats as retaliation. Employers who threaten deportation after a harassment complaint face additional liability.
Building Your Case Safely
Document harassment without exposing your immigration status unnecessarily. Save text messages and emails on personal devices. Screenshot evidence immediately.
Obtain witness statements from coworkers who observed harassment or heard threats. Keep records of dates, times, locations and the impact on your work conditions.
Confidentiality Protections During Legal Proceedings
Employment attorneys are bound by confidentiality rules. They cannot share your immigration status without consent. Courts generally do not inquire about immigration status unless directly relevant to the claim.
Settlement negotiations often remain confidential, preventing public exposure of immigration vulnerabilities.
“I’ve represented undocumented workers in harassment cases across multiple states, and the fear of deportation often silences victims more effectively than any workplace policy. What these workers don’t realize is that federal confidentiality protections actually shield their immigration status during legal proceedings, and courts have consistently held that civil rights don’t disappear based on documentation.”
Daniel Henderson, Employment Attorney
Economic Recovery Options
Undocumented workers can recover non-economic damages, such as emotional distress and medical expenses. Courts have found ways to compensate for lost wages by focusing on harm rather than employment authorization.
Punitive damages remain available for particularly egregious misconduct. Many attorneys work on contingency, eliminating upfront costs for representation.
Breaking the Cycle of Silence
Sexual harassment persists when victims feel powerless. Understanding your legal rights disrupts that cycle. You have the right to work free from sexual coercion. Federal and South Carolina law offer protections and pathways to compensation.