Question
Maria Torres, a cook for U Hop Restaurants Torres, claimed that kitchen manager Jose Centano made sexual comments to her, rubbed up against her, and
Maria Torres, a cook for U Hop Restaurants Torres, claimed that kitchen manager Jose Centano made sexual comments to her, rubbed up against her, and came to her house uninvited. Torres claimed that when she refused Centanos advances, he began treating her less favorably than other workers and threatened to report her to the immigration authorities for being an undocumented alien. Torres eventually complained to senior management about the harassment and explained that Centano threatened to have her deported. During its investigation into Torres complaint, U Hop decided to call the Social Security Administration, which reported that Torres name did not match her social security number. U Hop told Torres it no longer could employ her. Torres sued U Hop for sexual harassment and for retaliatory discharge. Which of the following is true?
- Under the Immigration Reform and Control Act, employer are compelled to discharge employees upon discovery of their undocumented status.
- Because she was undocumented, Torres was not protected under Title VII.
- Even if Torres were protected under Title VII, she could not re-instated to her job since she was not legally authorized to work.
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