The Place of the Undocumented Worker in the United States Legal System After Hoffman Plastic Compounds: An Assessment and Comparison With Argentina's Legal System
| Autor: | Maria Pabon Lopez |
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| Jazyk: | angličtina |
| Rok vydání: | 2005 |
| Předmět: | |
| Zdroj: | Indiana International & Comparative Law Review; Vol. 15 No. 2 (2005); 301-336 |
| ISSN: | 2381-3652 2169-3226 |
| Popis: | This article analyzes how the United States legal system treats undocumented workers in the wake of a very significant U.S. Supreme Court decision and compare it with the way one Latin American country, Argentina, treats its undocumented workers. The article examines post Hoffman Plastics federal labor and employment case law, including among others, the Fair Labor Standards Act, Title VII of the Civil Rights Act as well as state labor and employment laws, such as state worker's compensation laws. Based on that examination, I argue that the U.S. legal system treats undocumented workers with hostile inconsistency. I also take a comparative approach in this article, by analyzing how Argentina, another immigrant receiving country, treats its undocumented workers under its domestic legal systems and its regional trade agreement, MERCOSUR. My conclusion is that that denying the undocumented workers' labor and employment law rights because of their immigration status denies them their personhood, which is inconsistent with the notions of freedom and equality that founded this nation. |
| Databáze: | OpenAIRE |
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