Immigrant workers are vital contributors to Washington’s economy, yet many face systemic exploitation, especially those who are undocumented. Despite performing essential labor, these workers often endure wage theft, unsafe conditions, and harassment without recourse. Fear—particularly fear related to immigration status—keeps many from speaking out. Washington State’s Senate Bill 5104 (“SB 5104”), enacted in 2025, directly addresses this reality by providing critical protections against coercion, a legal concept distinct from retaliation but no less important.
Most workplace protections rely on retaliation laws, which are triggered only after a worker asserts their rights—like filing a wage complaint or reporting unsafe conditions—and suffers a consequence, such as being fired or demoted. For undocumented and immigrant workers, the barriers to speaking up are often too high. Employers may not need to retaliate at all if their workers are too afraid to come forward in the first place.
That’s where coercion comes in. SB 5104 explicitly prohibits employers from using a worker’s immigration status—or threats related to it—as a tool to deter them from exercising their legal rights in the first place. This includes threatening to contact immigration authorities, inquiring about immigration status in response to a complaint, or suggesting a worker lacks the right to seek enforcement of labor laws. By targeting these preemptive threats, SB 5104 fills a gap left open by retaliation laws.
The importance of this legal distinction is backed by research. A University of Chicago study of undocumented Latinx workers found that many endure emotional, physical, and financial harm but rarely seek help, largely because of coercive employer tactics. Undocumented workers in particular reported extreme levels of anxiety and fear, driven by threats of deportation and job loss. These threats were often unspoken but deeply understood—keeping workers silent and vulnerable. SB 1504 provides a mechanism for challenging this kind of intimidation.
Under the new law, workers can file complaints with the Department of Labor and Industries, and employers who engage in coercive behavior face escalating penalties: $1,000 for a first offense, up to $10,000 for subsequent violations. These fines represent a meaningful deterrent and help affirm that immigration status cannot be used as a weapon in the workplace.
This approach acknowledges the structural contradictions in federal immigration and labor laws. While the Immigration Reform and Control Act (IRCA) criminalizes the employment of unauthorized workers, it does not eliminate their labor rights. Yet enforcement agencies and courts have historically struggled to protect undocumented workers, often ignoring the ways employers exploit this legal gray zone.
SB 5104 doesn’t resolve all the tensions between labor and immigration policy, but it offers a practical, targeted intervention. By emphasizing coercion—not just retaliation—it empowers workers to act before harm occurs and recognizes the reality that fear itself is often the first and most powerful form of abuse.
In doing so, SB 1504 strengthens labor protections not only for undocumented workers but for all workers. When the most vulnerable among us are shielded from coercion, the integrity of our entire labor system improves. This law should serve as a model for other states seeking to create safer, fairer workplaces in an era of increasing uncertainty.
Sources
1. Washington-2025-SB5104-Introduced.pdf
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