In Salas v. Sierra Chemical Co., the California Supreme
Court addressed the issue of whether the federal Immigration Reform
and Control Act ("IRCA") preempts the application of the
antidiscrimination provisions of California's Fair Employment
and Housing Act ("FEHA")—which protect California
workers "regardless of immigration status." The Court
concluded that IRCA does not preempt FEHA, but does preclude an
award of lost pay damages for any period of time after the employer
discovers the employee's ineligibility to work in the United
States.
In April of 2003, Vicente Salas used a false Social Security
Number to obtain employment with Sierra Chemical, a manufacturer
and distributor of chemicals for treating water in swimming pools.
On two separate occasions, in March and August of 2006, Salas
injured his back while stacking crates, and performed modified
duties until a seasonal lay off in December of 2006. In May of
2007, Salas' supervisor informed Salas that he could
