This guy is not going to receive any compensatory or punitive damages. For that to happen, the VP's stance would have to be crystal clear, as in he would have to blatantly discriminate against DACA recipients. This would require decisive proof of a pattern of behavior, especially if the plaintiff wishes to plead its case as if this was the M.O. of Bank of America as a company. Even if there is one DACA receipient working for BoA, they are covered and proving discriminatory hiring practices as company policy will border on impossible.
Unless it went like this:
VP: You have been selected for the position. Welcome to the BoA family.
Plaintiff: Thank you....but guess what? I'm one of the DACA receipients.
...
(uncomfortable moment of silence)
...
...
VP: SECURITY!!!
BoA can simply state that the position required foreign travel after the fact. The kid never had the offer in hand, he was simply skipped because investing in a potential employee that might lose his eligibility was not reasonable to BoA.
Last edited by gebodupa; 05-03-2018 at 04:10 PM..