Vicente Salas, Plaintiff and Appellant v. Sierra Chemical Co., Defendant and Respondent

Summary

The court held that federal immigration law does not generally preempt California's employment protections for workers regardless of immigration status, but it does preempt an award of lost-pay damages for the period after the employer discovers the worker is unauthorized to work. It further held that after-acquired evidence and unclean hands do not completely bar FEHA discrimination or retaliation claims, although after-acquired misconduct may limit remedies. The court reversed and remanded because triable issues remained concerning the employer's knowledge and treatment of the plaintiff's immigration-related discrepancy.