Did anyone tell their employer your visa status or you are DACA applicant? - Page 2

SomeGuy_ · SomeGuy_

Quote:

Originally Posted by cacheton011

What if they withdraw the offer....would that be considered discrimination?

Yes.

The I-9 form is given to you after you get hired. Thus, they would be firing you on discriminatory reasons. As far as the law goes, if the employee satisfies the requirements set forth by the I-9, then he/she is eligible to work. They cannot legally fire you because of some internal company questionnaire.

LittleBrand · LittleBrand

I am not sure where do people find out DACA are not protected from law.
Because the headline on the I9 form states the following:
it is illegal to discriminate against individual(other than an alien not authorized to work), in hiring , ..... because of an individual origin, citizenship status.
so that's mean employer cannot discriminate us, because we are authorized to work.

The company that I got this offer is Bloomberg LP. Well, the owner Michael Bloomberg who is also my mayor, is very supportive about Dream Act and young Dreamer....so I guess I would be fine... :P

Pianoswithoutfaith · Pianoswithoutfaith

Quote:

Originally Posted by LittleBrand

I am not sure where do people find out DACA are not protected from law.
Because the headline on the I9 form states the following:
it is illegal to discriminate against individual(other than an alien not authorized to work), in hiring , ..... because of an individual origin, citizenship status.
so that's mean employer cannot discriminate us, because we are authorized to work.

The company that I got this offer is Bloomberg LP. Well, the owner Michael Bloomberg who is also my mayor, is very supportive about Dream Act and young Dreamer....so I guess I would be fine... :P

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: stehlik@nilc.org

Here we go

LittleBrand · LittleBrand

U know whats funny? I asked the same guy Joshua Stehlik, he told me if the company withdraw my offer I should contact them immediately because the company will engage in discrimination against me. And this is clearly stated on the I9 form.

Pianoswithoutfaith · Pianoswithoutfaith

You should email that to him and ask him to verify it

LittleBrand · LittleBrand

Nah, I believe in what is stated on the I9 form, and I have tried my best to get the job.

Pianoswithoutfaith · Pianoswithoutfaith

sure but make sure to read this to understand what the i9 is talking about

http://www.law.cornell.edu/uscode/text/42/2000e-2

LittleBrand · LittleBrand

I found this website, it is a immigration agent company that my company uses to assist immigration on new employees, it is quite informative.
http://www.fragomen.com/united-states-11-20-2012/

On the page, it said :"Employers must remember that DACA beneficiaries – like all other legally authorized workers – are protected against I-9 document abuse. This means an employer may not subject a DACA beneficiary to higher scrutiny than any other employee, as doing so violates the anti-discrimination provisions of federal immigration law. "

10dream · 10dream

Would being turned away at a licensing examination be considered discrimination? Last week I was scheduled to take my nurse licensing exam (NCLEX) and was turned away because according to the exam proctor I did not have proper identification. The ID I presented was my Limited term Texas DL & my EAC. Pearson view, the company who administers the test, has a policy of not accepting limited term DL's but nowhere on their website ( at least nowhere I could find) does it say anything about not accepting EAC.

Pianoswithoutfaith · Pianoswithoutfaith

Make sense, those programs required LP status. But a EAD is a goverment issued ID so you should talk to a lawyer about it but do you know the requirements to get your license?

It could require a LP status and DACA does NOT grant us a LP status but a 2 year legal/lawful presence

S	M	T	W	T	F	S
		1	2	3	4	5
6	7	8	9	10	11	12
13	14	15	16	17	18	19
20	21	22	23	24	25	26
27	28	29	30	31

They need you!

Forum links

Resources

Join our list

National calendar of events

July

Did anyone tell their employer your visa status or you are DACA applicant? - Page 2