In Salas v. Sierra Chemical, the Court held that SB No. 1818, which extends state law employee protections and remedies to all workers “regardless of immigration status,” is not preempted by federal immigration law except to the extent it authorizes an award of lost pay damages for any period after the employer’s discovery of an employee’s ineligibility to work in the United States. Mr. Salas applied for work with Defendant but used false documentation. The company recognized that his paperwork did not match with the Social Security Administration, but continued to employ him. After an injury, he was fired and sued under the Fair Employment and Housing Act (“FEHA”). During the suit, he refused to answer questions about his immigration status. The trial court granted summary judgment for the company and the plaintiff appealed. The Court of Appeals held that both the doctrine of after-acquired evidence and the doctrine of unclean hands barred the plaintiff’s claims. The California Supreme Court reviewed the ruling.   The Supreme Court ruled that the doctrines of after-acquired evidence and unclean hands were not complete defenses to the FEHA claim. The Court, however, did state that they do affect the remedies available.

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