What Un Patron Puede Pedir a un Empleado: Key Insights for Immigrants

Introduction

At work, many immigrants are intimidated by their employers’ demands. In this article, employees will find out what their employers are allowed to demand from them with regard to work-related issues and what kind of protection employees are entitled to. By familiarizing themselves with their rights, immigrants can protect themselves from being cheated. Moreover, by knowing their rights, they will be stronger and can deal better with their employers.

Definition of Employer Requests from Employees

Information which employers can ask for from employees includes information which identifies the employee and information concerning their employment. This type of information includes information concerning the employee’s previous employment. The sort of information that employers are required to ask for concerning employees is of a very sensitive nature and includes information concerning the employees’ health. Requests by employers for information concerning employees are subject to the same restrictions as legal demands for information. These restrictions are imposed by privacy legislation and also prohibit discrimination on the basis of a number of matters including citizenship and/or national origin. The article refers to a number of different examples of legal demands for information by employers including special circumstances which exist where the information demanded concerns the workers’ citizenship and/or immigration status. The rights of employees in these circumstances are also referred to.

There are also strict laws to protect against discrimination on the basis of citizenship or national origin with regard to the information requested by employers and its use against employees and applicants in hiring decisions. The Immigration and Nationality Act (INA) is a prime example of such a law that forbids discrimination on the basis of citizenship status and national origin with regard to all employment related actions, including hiring and firing.

78% of organizations monitor their employees, which has negative effects for 56% of them. Also 54% would leave their jobs due to increased surveillance by their employer.

Examples of unreasonable management demands are:

1. Mae (71) who was discriminated against due to her age when her employer demanded that she consider reducing her working hours as she was too old to consider taking on further work.
2. On the other hand, younger Jasha was also discriminated against and subsequently dismissed from his job after he had opposed the unequal remuneration practices of his employer.

Being aware of the kinds of information your employer wants to get hold of and your rights with regards to that sort of information will help you to stand up to your employer’s unfair demands.

Legal Context of Employer Requests

Employees are often concerned that a workplace inquiry will lead to discrimination. In many cases, employees are especially sensitive to inquiry by the boss of an immigrant employee. There are, however, laws that regulate such inquiry by an employer and define what is fair.

For example, under the Americans with Disabilities Act (ADA), an employer is generally prohibited from:

1. Asking about a job applicant’s physical or mental limitations prior to making a job offer.
2. Asking about the need for medical leave from work under the Family and Medical Leave Act (FMLA) and discrimination against them as a result of such inquiry.

The employee should know when the boss has crossed the line of what is fair and reasonable inquiry by his or her employer and such important laws governing fair employment practices by employers with 15 or more employees, as outlined by the Equal Employment Opportunity Commission (EEOC), will help to arm employees against such unfair practice by their employer.

Historical Evolution of Employer Requests

Many workers fought hard for their rights at work and as a result the labor movement was formed. Fairer working conditions for employees and laws that employers must abide by have recently been introduced by legislation such as the Fair Labor Standards Act and the Civil Rights Act. Much legislation sets limits as to what an employer can ask of workers in order to respect their personal rights and ensure their rights are observed. As a result of this legislation workers today are able to go to work with more security regarding their rights at work.

Key Characteristics and Examples of Employer Requests

When a company wants to verify certain information in connection with your work, they may want to know certain information concerning you as a person. Such information may be requested by an employer in connection with verification of information concerning you in your work, for identification purposes in respect of company documents and for other work related purposes.

In such cases your driving license may be requested because you use it for work purposes. There are, however, restrictions regarding other information, i.e. information concerning medical issues. A company has to act with due care and within the boundaries of legislation.

You as an employee should be aware of your rights and be able to refuse a question that the employer is not entitled to ask according to legislation or other circumstances where the question is irrelevant. You are also protected against pressure in respect of other personal issues. Knowing your rights will enable you to stand your ground when necessary.

Conclusion

The Vasquez Law Firm attorneys work with many immigrant workers who feel uneasy about the information that their employers demand. There are laws that protect the workers against exploitation by their employers and against discrimination based on citizenship and/or national origin. The following article describes the type of information that employers are allowed to demand from their employees and how such information can be demanded, all with the goal of outlining the rights of the workers and how to protect their information.

The article addresses major issues in terms of information requested by employers and corresponding labor rights, including:

• Illegal requests for citizenship
• National origin discrimination information
• A historical look at labor rights for immigrant and other workers

Many examples of discrimination and corresponding legal matters are also provided, as well as scenarios in which employers attempt to require information from employees and how to fight back against such unfair practices.

Workplace rights for ALL workers (including immigrant workers) are the key to fighting workplace injustice and to express oneself in the workplace. No matter what language a worker speaks, he or she should look to find an attorney who specializes in workplace rights at work.

Frequently Asked Questions

What information can employers request from employees?

Employers can request information that identifies the employee and details concerning their employment, including previous employment and sensitive information such as health-related data.

Are there restrictions on the information employers can request?

Yes, requests for employee information are subject to privacy legislation and must comply with anti-discrimination laws, prohibiting discrimination based on citizenship and national origin.

What laws protect employees from discrimination based on citizenship or national origin?

The Immigration and Nationality Act (INA) is a key law that forbids discrimination based on citizenship status and national origin in all employment-related actions, including hiring and firing.

How prevalent is employee monitoring by employers?

Approximately 78% of organizations monitor their employees, which has negative effects for 56% of those monitored.

What are some examples of unreasonable management demands?

An example includes Mae, who faced age discrimination when her employer suggested she reduce her working hours due to her age. Conversely, Jasha, a younger employee, was dismissed after opposing unequal pay practices.

How can employees protect themselves regarding information requests from employers?

Being aware of the types of information employers may request and understanding their rights can help employees stand up against unfair demands.

List of Sources

1. Definition of Employer Requests from Employees
   • Employee Rights | USCIS (https://uscis.gov/i-9-central/employee-rights-and-resources/employee-rights)
   • Fact Sheet: Immigrants' Employment Rights under Federal Anti-Discrimination Laws (https://eeoc.gov/laws/guidance/fact-sheet-immigrants-employment-rights-under-federal-anti-discrimination-laws)
   • 50+ employee monitoring statistics & data in 2026 (https://worktime.com/blog/statistics/employee-monitoring-statistics-data)
   • California Labor Commissioner reminds employers of legal rights and obligations under California labor laws | California Department of Industrial Relations (https://dir.ca.gov/DIRNews/2025/2025-52.html)
   • Workers’ Rights - National Immigration Law Center (https://nilc.org/work/workers-rights)
2. Legal Context of Employer Requests
   • Second Circuit ADA Case a Game-Changer for Employee Accommodation Requests (https://employmentlawletter.com/2025/03/second-circuit-ada-case-a-game-changer-for-employee-accommodation-requests)
   • The ADA: Your Employment Rights as an Individual With a Disability (https://eeoc.gov/publications/ada-your-employment-rights-individual-disability)
   • New York Enacts Employee Personnel Records Access Law, Effective November 8, 2026 (https://gibsondunn.com/new-york-enacts-employee-personnel-records-access-law-effective-november-8-2026)
   • New Year, New Employment Laws – What Takes Effect January 1, 2026? | Littler (https://littler.com/news-analysis/asap/new-year-new-employment-laws-what-takes-effect-january-1-2026)
3. Historical Evolution of Employer Requests
   • EEOC History: The Law (https://eeoc.gov/history/eeoc-history-law)
   • 7 Employment Laws that Changed the Workplace - Lloyd Staffing (https://lloydstaffing.com/7-employment-laws-that-changed-the-workplace)
   • From Factories to Fairness: How Employment Law Shaped the Modern Workplace - Legal News Blog (https://blog.helmerfriedman.com/from-factories-to-fairness-how-employment-law-shaped-the-modern-workplace)
   • A running list of states and localities that have outlawed pay history questions (https://hrdive.com/news/salary-history-ban-states-list/516662)
   • A Brief History: The U.S. Department of Labor (https://dol.gov/general/aboutdol/history/dolhistoxford)
4. Key Characteristics and Examples of Employer Requests
   • Wages and the Fair Labor Standards Act (https://dol.gov/agencies/whd/flsa)
   • Top Employment Law Cases of 2024 (So Far): What HR Needs to Know (https://shrm.org/topics-tools/employment-law-compliance/top-employment-law-cases-of-2024--so-far---what-hr-needs-to-know)
   • Employment Law in Motion | Employer Cooperation with Law Enforcement Requests for Information | Miller Nash LLP (https://millernash.com/industry-news/employer-cooperation-with-law-enforcement-requests-for-information)
   • DSARs Decoded: A US Employer’s Guide to Employee Data Requests (https://potomaclaw.com/news-DSARs-Decoded-A-US-Employers-Guide-to-Employee-Data-Requests)
   • A running list of states and localities that have outlawed pay history questions (https://hrdive.com/news/salary-history-ban-states-list/516662)