Regarding undocumented workers (non-citizens in the US illegally), the policy of federal agencies has been to enforce employment laws for such workers without inquiring as to their legal status. However, the remedies available to such a worker may be limited because of his status. State and explain the policy reasons behind each of these decisions

Answer 1

The policy of the federal government has been to enforce employment laws for all employees, regardless of legal status, in order to encourage compliance with employment laws. If the rule were otherwise, if undocumented workers could not bring action for violations of such laws unless they were in this country legally, that policy would act as an incentive to firms to hire more illegal workers, and ignore employment laws in the case of illegal workers, since there would be no adverse consequence to doing so. Further, the situation would be rife with opportunity to threaten such workers with disclosure of their illegal status to authorities, unless they did exactly what the employer wanted them to do.

The policy of limiting the remedies available to undocumented workers may be designed as a deterrent and punishment to them for their illegal status, as it does not permit them to have the benefit of employment laws as other workers do. It may, however, also act as an incentive to firms to hire undocumented workers, since the punishment, if any, that the firm encounters for a violation of employment law is likely to be far less than it would be for a documented worker.