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Is this discrimination? Denied job opportunity based on immigration status

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whitecollarslav

Junior Member
What is the name of your state? Virginia

This is my first post here, so excuse my ignorance. I have a friend who is explicitly told by several employers that they cannot hire him because he has an EAD (Employment Authorization Document) card and not a green card. This person is currently LEGALLY residing and working in the US. His current immigration status is at the AOS (Adjustment of Status) stage. This is when a person has applied for a green card, but the application is pending with USCIS. In the interim, the DHS issues something called a EAD card, which is valid for a year and can be renewed within 90 days as and when needed. An EAD card is valid for work for any employer in the US.

I have gathered some information about this from the following sources:
http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm
http://www.klaskolaw.com/library/fil..._sanctions.pdf
http://www.uscis.gov/files/form/i-9.pdf

As per my understanding, this might be discriminatory on the employer's part to refuse to consider (interview) a candidate solely based on the fact that he/she has a EAD (Employment Authorization Document) card as opposed to a Green Card. The job opportunity does not have any restrictions such as security clearance. It is available to anybody who has a green card.

Please advise on this situation. Is it not illegal for an employer to reject a candidate for a job solely based on the fact that the potential employee will use an EAD card as opposed to a Green Card? Or is it perfectly legal for employers to make it their policy to not hire anybody who has a particular work authorization document (EAD in this case)?
 


Beth3

Senior Member
As long as a resident alien has current work authorization, yes, it is ilegal to reject an applicant on that basis.
 

whitecollarslav

Junior Member
As long as a resident alien has current work authorization, yes, it is ilegal to reject an applicant on that basis.
Is there anything that can be done about this situation? Lets say that I talked to an employer who has told me verbally (on the phone) that its their policy not to hire anybody who has an EAD card. I do not have this in writing. What are my options? What can I do about this?

Thanks!
 

Silverplum

Senior Member
Is there anything that can be done about this situation? Lets say that I talked to an employer who has told me verbally (on the phone) that its their policy not to hire anybody who has an EAD card. I do not have this in writing. What are my options? What can I do about this?

Thanks!
How do you plan to prove it?
 

mitousmom

Member
None of the EEO laws for which EEOC has responsibility prohibit discrimination on the basis of immigration status. The Department of Justice, Civil Rights Division, Office of the Special Counsel for Immigration Related Unfair Employment Practices ("Special Counsel"), under section 274B of the Immigration and Nationality Act, has jurisdiction to process charges alleging an individual act or a pattern or practice of employment discrimination on the bases of national origin, citizenship status, unfair document practices, and intimidation or retaliation.

I'm not at all familiar with the Special Counsel's work, that office's procedures, or whether the situation you describe falls under the Special Counsel's jurisdiction. You should contact that office for further information.
 

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