No dreamers please!!

nss2007 · 10-16-2017, 05:51 PM

i was looking for a job on Indeed here in Vegas and i found this ad . i am not a dreamer but this is pissed me off. this is like saying "no black or Hispanic please". and its considered a discrimination

https://www.uscis.gov/system/files_f...pdf?download=1

fl_dreamer · 10-16-2017, 06:02 PM

This is discrimination! If you have a valid EAD, you are eligible to work! WTF

Pianoswithoutfaith · 10-16-2017, 06:02 PM

Well it turns out that since we don't have a legal status we can be discriminated on hiring process

Quote:

Dear _____,

Thank you for reaching out to NILC on this important issue. Apologies for the long email, but I want to cover all of the questions that you emailed. As I understand it, your question is whether a prospective employer can refuse to hire a DACA recipient on the basis that she is not a U.S. citizen or permanent resident. The short answer to this question, unfortunately, is that--with some limited exceptions--the law does not prohibit an employer from discriminating against job applicants on the basis of citizenship or immigration status in the hiring process.

First off, I reviewed the list-serve posting by "Dark Apotheosis" that you provided and it is basically correct. Nice work, Dark Apotheosis!

Federal law prohibits discrimination in hiring against U.S. citizens, legal permanent residents, temporary residents, asylees and refugees based on their citizenship or immigration status. Unfortunately, DACA recipients do not fall within any of these protected categories. (DACA recipients are not considered "temporary residents" as specifically defined by federal law.) Therefore, DACA recipients would not be protected, during the hiring process, from discrimination based on their EAD or immigration status.

DACA recipients, though, are protected from other forms of discrimination. Federal law makes it illegal for an employer (with at least 4 employees) to treat workers differently based on their national origin when hiring. Therefore, as "Dark Apotheosis" suggests, an employer who hires DACA recipients from one country, but refuses to hire DACA recipients from another country may violate this provision of the law.

DACA recipients are also protected from document abuse. This means that an employer (of 4 or more employees) cannot:
--ask DACA recipients for more proof of identity or work authorization than the Form I-9 requires;
--ask DACA recipients for specific identity or work authorization documents, but instead must allow the worker to select which documents to show from the approved list of documents in the I-9 instructions;
--refuse to accept identity or work authorization documents from a DACA recipient that appear to be genuine.

Finally, federal law prohibits an employer from retaliating (or taking negative action) against a DACA recipient for asserting his or her rights under the anti-discrimination provisions described above.

The federal agency that enforces the anti-discrimination provisions above is called the Office of Special Counsel for Immigration-Related Employment Practices (or OSC for short). If you or anyone you know has questions about the anti-discrimination provisions above, or think that you have been discriminated against, you should call OSC's free worker hotline at 1-800-255-7688. Our experience has been that OSC does a good job answering workers' questions and helping qualified workers who have experienced discrimination. Be aware that you must make a claim of discrimination with OSC within 180 days from when the discrimination happened.

NILC has also created a FAQ on workplace rights and DACA, which may answer other DACA workers' rights questions that come up. The FAQs can be found here: http://www.nilc.org/dacaworkplacerights.html

I hope this answers your questions. Please let me know if you have other questions. Feel free to share this information with your DACA network and allies.

Sincerely,

Joshua Stehlik | Workers' Rights Attorney
National Immigration Law Center
3435 Wilshire Blvd, Suite 2850
Los Angeles, CA 90010
t: 213.674.2817 | f: 213.639.3911 | e: [email protected]

nss2007 · 10-16-2017, 06:03 PM

that is an easy way to get sued . i hope a dreamer would go and apply and sue this asshole

nss2007 · 10-16-2017, 06:05 PM

Quote:

Originally Posted by Pianoswithoutfaith

Well it turns out that since we don't have a legal status we can be discriminated on hiring process

but some still has valid work permit with future expire date , and you can not discriminate based on future expired EAD

fl_dreamer · 10-16-2017, 06:07 PM

May they meant people that "day dream" ...day dream, dreamer... kidding kidding

Pianoswithoutfaith · 10-16-2017, 06:07 PM

Quote:

Originally Posted by nss2007

but some still has valid work permit with future expire date , and you can not discriminate based on future expired EAD

did you read the letter a lawyer wrote ? If you have questions call them toll free

Pianoswithoutfaith · 10-16-2017, 06:12 PM

Discrimination is the work force apply to us once we are hired but until we are, we don't have many protections base on our status. No hiring firm will say "Christians need not apply" they can easily get around some laws by simply saying " legal aliens and USC only " hell the job listing could very well say "must be able to travel internationally " when in reality the is no traveling

4n0nym0us · 10-16-2017, 06:14 PM

i've seen some job applications that asked if I have DACA. I never apply to those

fl_dreamer · 06:32 PM

Quote:

Originally Posted by Pianoswithoutfaith

Discrimination is the work force apply to us once we are hired but until we are, we don't have many protections base on our status. No hiring firm will say "Christians need not apply" they can easily get around some laws by simply saying " legal aliens and USC only " hell the job listing could very well say "must be able to travel internationally " when in reality the is no traveling

I have a recruiter friend and he said that "can you travel internationally without any restrictions?" is their sneaky way of finding out with people have temporary status.

My friend recruits for IT and they get a lot of foreign students and H1B wanna bes so thats the trick they use...

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No dreamers please!!