ILW.COM - Immigrant's Weekly: Letter from Darryl

I just have to comment on the EEOC article regarding reaffirming its commitment to protecting undocumented workers. I don't know if I've ever read such nonsense as in that article. As a federal government entity, the EEOC has a responsibility to protect all persons from any form of discrimination, without putting a kink in our nation's defensive armor. Why would they devote so much time and energy into harboring criminals - which undocumented workers are when they are breaking the laws of this great nation! There is a backlog of legitimate discrimination cases that the EEOC should be investigating before spending its resources in harboring criminals! Undocumented workers are more that criminals - they are potentially high security risk people who are in the U.S. illegally . . . many who are from countries that condone terrorism. Why are they here in their illegal status? What are they hiding and why do they think that the U.S. should allow them to remain in our country in undocumented status? Why would the EEOC condone the illegal actions of these persons by pursuing awards against employers who unknowingly hire them and give them jobs? In most of these cases, these undocumented workers have either falsified their applications or new hire paperwork, or they have provided doctored-up (falsified) INS documents to the employers, stating that they are legal to work in the U.S. In some cases, however, the employers have procedural breakdowns and do not make "reasonable efforts" to ensure that the alien workers are legally able to work in the U.S. These employers, also, have a responsibility to protect the security of the U.S. by verifying the status of immigrants and whether or not they are legally in the U.S. Employers who do not follow these laws are prosecuted against by the INS. Why then, would you not prosecute someone who is in illegal alien status versus trying to protect them with job reinstatements and back pay?!

Thank God that the Supreme Court sent the EEOC a message in the Hoffman decision, which basically translates to that criminals do not have the same rights as those who obey the laws - nor should they! Where will the EEOC draw the line of its protective actions with undocumented persons? Is it then okay for an undocumented worker to harm or even kill a coworker for discriminatory remarks. Would the EEOC jump to the illegal alien's defense - and even press a suit against the employer for not having an adequate, preventative discrimination training program? What's the difference . .. an illegal act is an illegal act! Hopefully, the EEOC doesn't see itself as the supreme decision maker - that will decide how far someone can go in breaking the law before it will withdraw its support! They could then be called the EEOG - Equal Employment Opportunity God!

Now, having said all that - it is not okay for employers to blatantly discriminate against immigrants, many who are honest, hardworking employees who are here in the U.S. earning a living just like the rest of us. Some of our best workers at my employer are documented workers from many other countries! However, if someone is here illegally, then he/she stands to lose the protection that is granted to those who are legally in the U.S. He/she will have to accept that it is a "cost of doing business" if being discriminated against by losing his/her job, while in his/her undocumented, illegal status.

The EEOC has embarrassed itself in its attempts to harbor criminals by going after employers for reinstatement and back pay for undocumented workers. Perhaps it is time to revitalize the EEOC with new leaders that recognize the importance of both protecting workers from illegal forms of discrimination and ensuring the rights of those employees that have the legal right to be working in the U.S. in the first place. When losing sight of what's right and wrong, like the EEOC has, then it is time to make a change in leadership. It is not too late to get its focus back in protecting those that have been illegally been discriminated against. However, never sacrifice our nation's security in the process of allowing, and even tolerating, the illegal actions of undocumented alien workers. Criminals do not, and should not, enjoy the same privileges and protection as those who follow the laws of this great United States!

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