Minnesota Law Review
In Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court denied the National Labor Relations Act (NLRA) back-pay claims of a worker wrongfully discharged for union organizing.1 The Supreme Court's 2002 decision reasoned that the worker should not be able to recover back pay under the NLRA because he was a noncitizen and not entitled to em- ployment. 2 The Inter-American Court of Human Rights and the International Labor Organization (ILO) Freedom of Association Committee have rejected the Hoffman decision and criticized the United States for its discrimination against noncitizens.3
David Weissbrodt, Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compounds, Inc. v. NLRB, 92 Minn. L. Rev. 1424 (2008), available at https://scholarship.law.umn.edu/faculty_articles/216.