The Legislature finds and declares the following:
(a)All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.
(b)For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make this inquiry has shown by clear and convincing evidence
that this inquiry is necessary in order to comply with federal immigration law.
(c)The provisions of this section are declaratory of existing law.
(d)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(e)Any waiver of a provision of this section is contrary to public policy and is void and unenforceable.
Notes of Decisions
Salas v. Sierra Chem. Co., 327 P.3d 797 (Cal. 2014).
· cites it 4× “1818, which added to California‟s statutory scheme four nearly identical provisions: Civil Code section 3339, Government Code section 7285, Health and Safety Code section 24000, and Labor Code section 1171.”
Giancarlo Incalza v. Fendi North Am., Inc., 479 F.3d 1005 (9th Cir. 2007).
· cites it 2× “Additionally, California law provides that “[f]or purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws…”
Gilberto Santillan v. USA Waste of California, 853 F.3d 1035 (9th Cir. 2017).
“Gov’t Code § 7285 (same); Cal. Civ. Code § 3339 (b) (”[N]o inquiry shall be permitted into a person's immigration status except where the person seeking to make this inquiry has shown by clear and convincing evidence that this inquiry is necessary in order to comply with federal…”
Reyes v. Van Elk, Ltd., 12 Wage & Hour Cas.2d (BNA) 805 (Cal. Ct. App. 2007).
· cites it 2× “5; Civ. Code, § 3339; Gov. Code, § 7285.) The court granted summary judgment against Jose Reyes and Carlos Flores in part finding their discovery responses constituted admissions they were not authorized to obtain employment in the United States.”
Hernandez v. Paicius, 68 Cal. Comp. Cases 895 (Cal. Ct. App. 2003).
“) Civil Code section 3339 and Government Code section 7285, enacted at the same time, contain identical language with the exception that in subdivision (b), they both apply the protections for the additional purpose of enforcing “civil rights, and *460 employee housing” laws.”
Rivera v. Nibco, Inc., 364 F.3d 1057 (9th Cir. 2004).
“” Cal. Civ. Code § 3339 (a); Cal. Gov’t Code § 7 285(a); Cal.”
Farmer Bros. Coffee v. Workers' Comp. Appeals Bd., 23 I.E.R. Cas. (BNA) 1086 (Cal. Ct. App. 2005).
“1818, supra, as amended May 14, 2002; Civ. Code, § 3339; Gov. Code, § 7285.) *542 We conclude that the Workers’ Compensation Act, with the addition of section 1171.”
Bay Area Roofers Health & Welfare Trust v. Sun Life Assurance Co. of Canada, 73 F. Supp. 3d 1154 (N.D. Cal. 2014).
“Gov’t Code § 7285; see also Cal. Civ. Code § 3339 . A 2014 decision of the California Supreme Court, decided after briefing in this case was completed, upheld Senate Bill 1818, finding that IRCA and federal immigration law did not preempt Senate Bill 1818, except to the extent…”
Manuel v. Super. Ct. (Cal. Ct. App. 2022).
“5, Civil Code section 3339, and Health and Safety Code section 2400, which he argued prohibited inquiry into a person’s immigration status unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary to comply with…”
— Cal. Civil Code § 3339(a) — 1 case
Giancarlo Incalza v. Fendi North Am., Inc., 479 F.3d 1005 (9th Cir. 2007).
“Additionally, California law provides that “[f]or purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws…”
— Cal. Civil Code § 3339(b) — 2 cases
Giancarlo Incalza v. Fendi North Am., Inc., 479 F.3d 1005 (9th Cir. 2007).
“Additionally, California law provides that “[f]or purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.