DREAM Act Portal Forum - MALDEF Files Lawsuit for employment discriminaton for DACA recipients

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Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

I am doing Pharmacy and just finished my pre-reqs and I emailed some schools if they accepted students with DACA and some said no.

Quote:

Originally Posted by cmartinez (Post 703898)

I don't think that's true. In fact, my experience has been that graduate schools love DACA recipients.

Can you provide evidence for your claim? I'm willing to be wrong here.

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

Quote:

Originally Posted by cmartinez (Post 703898)

I don't think that's true. In fact, my experience has been that graduate schools love DACA recipients.

Can you provide evidence for your claim? I'm willing to be wrong here.

It could honestly go both ways with MD/ DO/ POD/ Pharm/ Dent/ Law schools. Obviously this is the case for schools who who haven't implicitly said they accept/ won't accept DACA. I think its just the graduate school programs at universities that are really open. However, if you're applying to any of the type of schools I listed you're talking a 50/50 shot the school could reject you based off your status. Hence is why I was apprehensive about including DACA in my personal statement.

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

I doubt he’s gonna win. Daca isn’t a status but a condition or a position. We are but lawful presence here

http://dreamact.info/forum/showthrea...discrimination

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]

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

Quote:

Originally Posted by FarikoXpress (Post 703906)

I am doing Pharmacy and just finished my pre-reqs and I emailed some schools if they accepted students with DACA and some said no.

Do they specifically require permanent residency/citizenship?

I don't want to sound like a jerk, but again, don't give anyone more information than you need to. It's a precarious time for DACA recepients and we don't want to make ourselves more vulnerable.

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

Quote:

Originally Posted by FarikoXpress (Post 703893)

Lot of graduate schools like med schools don’t accept students with DACA that’s not fair

Quote:

Originally Posted by FarikoXpress (Post 703906)

I am doing Pharmacy and just finished my pre-reqs and I emailed some schools if they accepted students with DACA and some said no.

Really? That seems so weird. Even before DACA, admission into college and grad programs wasn't an issue. It was more the overwhelming barriers that existed to actually be able to attend.

Honestly if you have e-mails, you could have a good case for discrimination. It seems to me that there is no reason why schools wouldn't be allowed to or would be unwilling to admit someone with DACA.

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

Quote:

Originally Posted by Pianoswithoutfaith (Post 703910)

I doubt he’s gonna win. Daca isn’t a status but a condition or a position. We are but lawful presence here

http://dreamact.info/forum/showthrea...discrimination

Anything could happen. This case could cause the rules to be rewritten. Though that's unlikely in Trump's America where people with H1 vias and the like are being denied jobs in preference to american citizens.

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

This is one of them

Quote:

Originally Posted by cmartinez (Post 703913)

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

I am sorry but I definitely know there are more colleges who accept DACA students and love us but I was just saying there are some schools I wanted to go into but they won’t accept me just because of my status. Hey
QUOTE=cmartinez;703913]Really? That seems so weird. Even before DACA, admission into college and grad programs wasn't an issue. It was more the overwhelming barriers that existed to actually be able to attend.

Honestly if you have e-mails, you could have a good case for discrimination. It seems to me that there is no reason why schools wouldn't be allowed to or would be unwilling to admit someone with DACA.[/quote]

Quote:

Originally Posted by Chn (Post 703911)

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

Quote:

Originally Posted by FarikoXpress (Post 703916)

This is one of them

I wold definitely push them on this. Seriously. So I went through the graduate school application process during fall of 2016. I was applying to PhD and M.A programs. Most (if not all?) of the public schools I applied to had a similar policy. I contacted them directly and said "hey I don't fit into any of those categories, I am a DACA recipient, here is what it means" and explain.

I ended up being admitted to and attending a PhD program. I got a fellowship that funds my studies but it is only for U.S Citizens and Residents. The whole point of that rule is to exclude international students. However, when the department explained to the university what DACA was, they were like yeah that's fine. I still don't fit into those categories, but those categories were simply meant to signal that international students were not eligible. I would push if you really want to go there. Those policies are usually years old, and of course, I don't expect people at Lake Eerie to be like "MMMHHH this DACA thing happened let's update our policies."

Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients

I just recently graduated from pharmacy school and when I first applied back in 2014, I had no issue of getting my acceptance although I had to go through some counseling with school's international office.

I know one pharmacy school who was well-known for taking lots of international students stopped taking international students since they were simply not getting any job and it negatively affected their post-graduate statistics. I don't think you have to mention DACA up front before even getting an acceptance letter. You can always sort this out after you get your acceptance from school. My only difficulty was ability to afford pharmacy school tuition (with private loan), but other than that I saw no restriction with DACA. In fact, I just accepted a job offer with major retail chain and went through all the paper work without any issue. HR didn't asked me anything about my work permit and immigration status.