DREAM Act Portal Forum

DREAM Act Portal Forum (http://dreamact.info/forum/index.php)
-   The News Room (http://dreamact.info/forum/forumdisplay.php?f=23)
-   -   MALDEF Files Lawsuit for employment discriminaton for DACA recipients (http://dreamact.info/forum/showthread.php?t=81780)

Swim19 05-03-2018 12:23 PM
MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
@MALDEF
BREAKING: A 27-year-old immigrant was rejected as a job applicant by @BankofAmerica because he's a #DACA recipient. @MALDEF has filed a federal lawsuit challenging the corporation's discriminatory hiring policies.

Quote:
MALDEF (Mexican American Legal Defense and Educational Fund) and the law firm Elliot Morgan Parsonage PLLC of Winston-Salem, N.C., filed the suit on behalf of Daniel Marques, a 27-year-old native of Brazil who is a recipient of Deferred Action for Childhood Arrivals (DACA).

Marques is authorized to work by U.S. Citizenship and Immigration Services, but he was abruptly disqualified from consideration for a job with Merrill Lynch Wealth Management, a division of Bank of America, after he informed the company of his DACA grant, the lawsuit states.
Quote:
Marques submitted an application in March 2016 through Bank of America’s online job application portal for a position in New Jersey as a Practice Management Development Associate within the financial advisor program of Merrill Lynch Wealth Management. He received an email soon thereafter from Bank of America’s vice president, executive recruiter for the mid-Atlantic market to schedule a March 30 telephone interview. The vice president informed Marques during the interview that as a non-citizen applicant, he was required to be eligible to work in the United States “without limitations.”

After the phone interview, the executive recruiter sent Marques an email the same day saying she would recommend further interviews. Marques responded with a request for further clarification of her statement that he would need work authorization “without limitations,” and attached a copy of his valid Employment Authorization Document, which is renewable every two years under DACA.

On April 4, 2016, the executive called Marques to say that he was disqualified from further consideration for the job because he is a DACA recipient. Marques sent follow-up emails seeking more specific information, but he did not receive any responses.

“We are determined to vindicate the full rights afforded to immigrants with federal work authorization,” said Burth López, MALDEF staff attorney and counsel in the case. “Companies may not pick and choose among work-authorized job applicants based on the applicants’ immigration status.”

The lawsuit seeks class -action status on behalf of all non-citizens who were authorized to work in the United States, including other holders of deferred action, refugees, and visa holders, and who were denied employment by Bank of America after April 4, 2016 because of their immigration status.
http://maldef.org/news/releases/2018..._Non-Citizens/

Chn 05-03-2018 12:27 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Don't give anyone more information than you need to.

fl_dreamer 05-03-2018 12:33 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Yup! wait till you show up on your Day 1 to fill out your immigration status forms.

Erik1421 05-03-2018 12:40 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Gotta love living in a litigate country. Hopefully they rule in his favor and other companies follow precedence.

FarikoXpress 05-03-2018 12:43 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Lot of graduate schools like med schools don’t accept students with DACA that’s not fair

beingoflight 05-03-2018 12:55 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Did bank of america signed any of those CEO letters that were sent to congress? If they did the CEO must be furious...

hopeful_in_nyc 05-03-2018 12:58 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
You don’t have to say you’re a DACA recipient. You just fill out the i9 and write in your EAD’s expiration. Either way, this is awful and I hope he wins the lawsuit.

cmartinez 05-03-2018 01:16 PM
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
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.

jorgeag92 05-03-2018 01:16 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Bank of America is fuked and this guy will get a good ass settlement probably.

Red neck 05-03-2018 01:21 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
This guy is about to be rich

FarikoXpress 05-03-2018 02:08 PM
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.

jaws 05-03-2018 02:21 PM
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.

Pianoswithoutfaith 05-03-2018 02:26 PM
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]

Chn 05-03-2018 02:27 PM
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.

cmartinez 05-03-2018 02:42 PM
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.

jaws 05-03-2018 02:57 PM
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.

FarikoXpress 05-03-2018 02:58 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
1 Attachment(s)
This is one of them
Quote:
Originally Posted by cmartinez (Post 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.

FarikoXpress 05-03-2018 03:03 PM
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)
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.

cmartinez 05-03-2018 03:19 PM
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."

sdh02 05-03-2018 03:25 PM
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.

jfn99 05-03-2018 03:59 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
After reading this post I decided to create a new JobBoard website to help the DACA community. http://dacajobs.org
Anyone interested in helping with ideas, or spreading the word, or pretty much any way you can?

Together we can help create a bridge between companies friendly to DACA and the thousands of DACA recipients like Daniel, that are just trying to find a job in order to provide to their families and contribute back to society.

I'm sure most of us has experienced some of the pain of feeling part of an underclass society or discriminated. This community is great and united we can accomplish a lot to help each other.

I've started the website and I'm open to suggestions... What you guys think?!

Joseph
jobs @ dacajobs.org

isual 05-03-2018 04:03 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
in my personal statement, i wrte "I am a DACA recipient.." first sentence. i got approved conditionally though since my grades were bad in undergrad, but still, a masters program is a masters and i'm doing it just for the paper.

FarikoXpress 05-03-2018 04:04 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Ohh Okay, what pharmacy school did you go to and did you have problems for getting your pharmacy license? Thanks to all of you for your input.
Quote:
Originally Posted by sdh02 (Post 703921)
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.

gebodupa 05-03-2018 04:07 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
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.

Red neck 05-03-2018 04:36 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by gebodupa (Post 703927)
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.


He will still win because of the emails he received saying it was because of his DACA

fl_dreamer 05-03-2018 04:42 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by gebodupa (Post 703927)

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.
Hence why people should keep their mouth shut about having DACA until you show up on your first day. When you walk through the doors day 1 as an employee, you have a lot more leverage.

EDIT: I bank with BoA this makes me not want to bank with them.

DogJuiceMan 05-03-2018 04:48 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by jfn99 (Post 703923)
After reading this post I decided to create a new JobBoard website to help the DACA community. http://dacajobs.org
Anyone interested in helping with ideas, or spreading the word, or pretty much any way you can?

Together we can help create a bridge between companies friendly to DACA and the thousands of DACA recipients like Daniel, that are just trying to find a job in order to provide to their families and contribute back to society.

I'm sure most of us has experienced some of the pain of feeling part of an underclass society or discriminated. This community is great and united we can accomplish a lot to help each other.

I've started the website and I'm open to suggestions... What you guys think?!

Joseph
jobs @ dacajobs.org
A wordpress website, interesting stuff. Interesting indeed. :twisted:

jfn99 05-03-2018 06:30 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by DogJuiceMan (Post 703940)
A wordpress website, interesting stuff. Interesting indeed. :twisted:
It's now coming along without errors :-P check it out again.

SurfyB 05-03-2018 06:30 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
MFW I can work for the county, but they won't hire dreamers at shitty BOAF lol. :F

bettertomorrow1 05-03-2018 06:30 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
I think most schools accept students with DACA. I think the problem is the specific grad program's requirements. I think they do that to limit the already competitive grad programs so not every single person that gets accepted is an international student.

For example, I couldn't apply to many of the Doctorate of Physical Therapy programs because most required you to be a U.S. citizen. Not even international students with visa could apply. That, and the financial burden of trying to afford a 150k DPT program without grants and many scholarships is a big reason I am now in the PTA program.

jorgeag92 05-03-2018 07:05 PM
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
Doesnt matter if DACA is a status or not. What matters is that they are denying work to someone who is legally authorized to work. DACAs are not the only ones with work permits.

DogJuiceMan 05-03-2018 07:07 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
I don't think I ever had to fight to get into a school I wanted. Never crossed my mind that there are people who get denied. Will investigate further.

Pianoswithoutfaith 05-03-2018 07:14 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by jorgeag92 (Post 703958)
Doesnt matter if DACA is a status or not. What matters is that they are denying work to someone who is legally authorized to work. DACAs are not the only ones with work permits.
Did you read what the lawyer there said or the actual link?

2Face 05-03-2018 07:24 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
This is totally outrageous. Looks like BOA though that they would get away with this. You cannot discriminate like this. He is legally authorized to work end of story! I work for a freakin State Government and this stupidass corporation thinks it can hire only US citizens/GC holders. The only place that would require US Citizenship for the most part is the FEDERAL GOVT.

john_smith 05-03-2018 07:26 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
I am a BOA business account holder, I will seriously consider closing my accounts based on this information.

DogJuiceMan 05-03-2018 08:13 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
I've seen some job listings that say only USC/Greencard holder, and then have a little questionnaire to weed us plebs out.

SurfyB 05-03-2018 09:52 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by john_smith (Post 703963)
I am a BOA business account holder, I will seriously consider closing my accounts based on this information.
Yeah same, time to start using our Numbers in our favor.

beingoflight 05-03-2018 10:00 PM
Re: MALDEF Files Lawsuit for employment discriminaton for DACA recipients
 
Quote:
Originally Posted by SurfyB (Post 703983)
Yeah same, time to start using our Numbers in our favor.

In case you guys go ahead and do that, make sure you guys let them know the reason please.

Fck BOA.


All times are GMT -4. The time now is 10:43 PM.

Powered by vBulletin®
Copyright ©2000 - 2026, Jelsoft Enterprises Ltd.