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In the written decision and during oral arguments, the majority made clear
they did not intend to abolish all workplace rights for illegal immigrants.
However, dissenters on the court, along with labor unions, immigrant-rights
groups and a coalition of business groups that filed briefs on behalf of the
worker, argued that such a ruling would increase exploitation by
unscrupulous employers.
Some say that already has happened.
"It's amazing, the quickness of the employer response to this," said Ana
Avendano Denier, an attorney with the United Food and Commercial Workers
Union, which represents thousands of immigrant workers in meat and poultry
plants. "Some are intentionally reading it too broadly, but there's also a
lot of misunderstanding about what the court said."
In recent weeks, she said, a worker filing a sexual harassment complaint at
a Kentucky poultry plant was allegedly asked for her immigration documents,
as was a meatpacking worker in Nebraska who filed a workers' compensation
claim after a 30-foot fall. Because both cases are being handled through the
union grievance process, Denier said she could not supply the names of the
employers.
In New York, the owner of a Manhattan meat market who is accused of paying
his immigrant work force less than the minimum wage warned an advocacy group
not to demonstrate in front of his store.
"I am sure you are aware of the ruling by the Supreme Court of the United
States that illegal immigrants do not have the same rights as U.S.
citizens," the owner's attorney, Frederick Margolin, told the group in a
letter.
In an interview last week, Margolin said he believed that a worker fired
from the market was not entitled to the difference between his wages over
five years and the minimum wage because "that's back pay." He added that the
employer probably knew the worker was undocumented because "that's true of
maybe 75% of the employees in the area." [
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