Harassment at work is an invisible wound that many Latino workers in the U.S. carry in silence.

Offensive comments, threats based on your immigration status, or constant mockery may seem like “part of the job,” but they’re not—and they should never be tolerated.

The reality is alarming: in fiscal year 2023, the Equal Employment Opportunity Commission (EEOC) received 81,055 workplace discrimination complaints, the highest number since 2017.

Of those, about 40% were related to workplace harassment, and nearly 60% involved retaliation against those who dared to speak up. 

These numbers not only reveal how widespread the problem is, but also how fearful many workers are of standing up for themselves.

That’s why it’s essential to know your rights and understand how to respond.

In this article, Moumita Rahman – Immigration Attorneys team, we’ll walk you through what qualifies as workplace harassment, how to recognize it, and what steps you can take to protect yourself—without risking your job or your stability.

What Is Considered Workplace Harassment?

Workplace harassment occurs when someone—whether it’s your boss, a coworker, or even a customer—engages in offensive, humiliating, or intimidating behavior on a regular basis.

This kind of behavior not only affects your job performance but also takes a toll on your emotional and mental well-being, creating a toxic or outright hostile work environment.

Some common examples of workplace harassment include:

• Unwanted sexual comments
• Constant mockery based on your background, accent, or immigration status
• Unjustified yelling or threats
• Deliberate isolation or sabotage of your work
• Offensive or intimidating gestures

According to the EEOC, harassment becomes illegal when it is made a condition for keeping your job or when it creates a work environment that is objectively offensive, uncomfortable, or intimidating on an ongoing basis.

In 2023, the EEOC reported more than 27,000 workplace harassment complaints, with the most common cases involving gender, race, and national origin.

What Are My Rights as a Migrant Worker in the U.S.?

Many Latino migrant workers—especially those without permanent legal status or with temporary visas—mistakenly believe they have no labor rights.

However, U.S. labor laws protect all workers, regardless of their immigration status. This includes those who are undocumented, have temporary protections (like TPS or DACA), or hold work visas (such as H-2A or H-2B).

Do I Have Rights If I’m Undocumented?

Yes. Even if you are an undocumented worker, you still have rights under U.S. law. Here are some of the most important labor rights that protect you:

1. The right to work in an environment free from harassment and discrimination

Federal laws like Title VII of the Civil Rights Act of 1964 prohibit discrimination based on race, color, national origin, religion, or sex—regardless of your immigration status.

2. The right to fair wages and overtime pay

Under the Fair Labor Standards Act (FLSA), you are entitled to receive at least the federal minimum wage and overtime pay (time-and-a-half for any hours worked over 40 in a week).

This law applies to most workers, including many migrant workers, no matter their legal status.

3. The right to safe working conditions

The Occupational Safety and Health Administration (OSHA) protects all workers from dangerous work environments—such as exposure to harmful chemicals, unguarded machinery, extreme temperatures, and more.

If you believe you are in danger, you can file an anonymous complaint with OSHA, even if you are undocumented.

4. The right to be free from retaliation

It is illegal for an employer to punish or fire you for standing up for your rights—whether you report unsafe conditions, wage theft, or harassment.

This protection applies to all workers, including those without legal immigration status.

5. The right to organize and form unions

Under the National Labor Relations Act (NLRA), most private-sector workers have the right to join together with coworkers to improve wages, working conditions, and benefits—whether through informal action or by forming a union.

This includes the right to:

• Discuss work-related issues with coworkers
• Attend meetings to organize
• Petition for better conditions
• Strike or protest peacefully

Your immigration status does not take away this right, although undocumented workers may face additional risks and should seek legal guidance before organizing.

Federal Law: What Is Workplace Harassment and How to Identify It?

Offensive comments, threats based on your immigration status, or constant mockery may seem like “part of the job,” but they’re not—and they should never be tolerated.

Many workers don’t know that federal law allows all employees—regardless of immigration status—to organize and bargain collectively with their employers.

This right is protected by the National Labor Relations Act (NLRA). You can seek support from organizations like the National Labor Relations Board (NLRB).

What to Do If Your Rights Are Violated?

You can file complaints with EEOC, OSHA, or the Department of Labor, even if you don’t have legal status.

• There are nonprofit organizations that offer free and confidential support to migrant workers, including:
  • Centro de los Derechos del Migrante
  • National Immigration Law Center
  • Legal Aid at Work

Being a migrant—even undocumented—does not mean you are unprotected.

U.S. labor laws protect all workers. Knowing your rights is the first step to avoiding abuse, demanding fair conditions, and accessing justice.

How to Report Workplace Harassment Without Losing Your Job?

This is one of the biggest fears many migrant workers face: speaking up could cost you your job. But there are steps you can take to protect yourself legally.

1. Document everything

Keep a record of each incident with dates, times, locations, and any witnesses. Save emails, messages, or any other evidence that supports your case.

2. Review your employer’s policies

Many companies have internal reporting channels, such as Human Resources (HR). Using this channel can be your first formal step and creates a paper trail.

3. File a complaint with the EEOC

You can file anonymously and without needing a lawyer. You have 180 to 300 days from the last incident to file.

• Website: www.eeoc.gov
• Spanish-language helpline: 1-800-669-4000

4. Speak with a labor attorney

A lawyer can help protect your rights and prevent retaliation. If you need guidance, contact us for a free consultation.

It is illegal for an employer to fire you for reporting harassment. Doing so is considered retaliation, which is also a violation of the law.

Should I Report Harassment If I’m Undocumented?

Is it safe to report harassment if I don’t have legal status?
Yes—and in many cases, it’s even recommended.

Filing a report will not negatively affect your immigration process. In fact, you might qualify for special legal protections.

Key fact: If you were the victim of severe harassment or workplace violence, you could be eligible for a U visa or protection under VAWA (Violence Against Women Act), especially if you experienced physical or psychological abuse.

Speak with both an immigration and labor attorney to find out if your case qualifies.

What Can I Do If I’m Afraid to Report?

That fear is real, and valid, especially if you rely on your job to support your family.

Here are some practical tips to help you manage that fear:

• Seek support: Talk to trusted coworkers or community leaders.
• Consult anonymously: You can speak with a lawyer without giving your name or officially opening a case.
• Keep all evidence: Even if you wait to act, every record you save could help later.

Remember: Staying silent can allow the harassment to get worse. Breaking that silence can change your life, and the lives of others.

How Can a Lawyer Help Me If I’m Experiencing Workplace Harassment?

Dealing with workplace harassment can feel overwhelming—especially if you’re a migrant worker worried about your job, your legal status, or retaliation. 

But you don’t have to face it alone. A labor and employment lawyer can be your strongest ally in protecting your rights and finding a path forward.

Here’s how a lawyer can help you:

1. Explain your rights clearly
An attorney can walk you through your legal rights under U.S. labor laws—no matter your immigration status. This includes your right to work in a harassment-free environment, your protection from retaliation, and your eligibility to file a complaint.

2. Assess the strength of your case
A lawyer will evaluate your situation and tell you whether the behavior you’re experiencing legally qualifies as harassment. They’ll also explain what kind of evidence you need and how to build a strong case.

3. Guide you through the reporting process
Filing a complaint with your employer or a government agency like the EEOC can feel intimidating. A lawyer can help you file the right paperwork, meet deadlines, and avoid mistakes that could weaken your case.

4. Protect you from retaliation
If you’re worried about getting fired or mistreated for speaking up, a lawyer can take steps to legally protect you from employer retaliation—and help you take action if it happens.

5. Explore immigration benefits (If Applicable)
If the harassment you suffered involved serious abuse or threats, a lawyer with experience in both labor and immigration law can help determine if you may qualify for a U Visa, VAWA protections, or other forms of legal relief.

6. Represent you in legal actions
If your case goes to mediation, settlement, or even court, your lawyer will represent you, advocate for you, and help you seek compensation for lost wages, emotional harm, or wrongful termination.

Working with a lawyer gives you confidence, protection, and a voice—even in difficult and unfair work situations. If you believe you’re facing harassment, don’t wait. 

Speak to an attorney as soon as possible to learn about your options and take the first step toward justice.

Break the Silence: Protect Yourself from Harassment at Work

Harassment at work is not something you have to endure in silence. Whether you’re undocumented, have a temporary visa, or are in the middle of an immigration process—you have rights, and the law is on your side.

Reporting abuse is not an act of weakness—it’s a powerful step toward protecting your well-being, your dignity, and your future. 

Thousands of Latino workers across the U.S. have already taken that step and found justice, compensation, and in some cases, even immigration relief.

Yes, the fear is real—but so is the support. You are not alone. There are lawyers, nonprofit organizations, and legal protections available—in your language and completely confidential.

Are you experiencing harassment at work or know someone who is? Contact us for a free consultation in Spanish and learn how we can help you protect your rights, your job, and your peace of mind.