American workers being discriminated against?

[LarryWanter]

What is the name of your state? FL

The IT Dept at a smaller company is headed by a H1b who is not even authorized for this company but INS/USCIS will do nothing. The H1B is not even qualified for the job. He is protected by the American boss.

This H1b will not hire American programmers. There are 10 programmers - no Americans. The H1b boss administers an IQ test to all Americans and they all fail. H1B's or greencard holders rarely if ever are tested. I have a witness. I also found an American who is highly qualified who recently "failed" the test and is working at another company.

I want to file a complaint through EEOC as a third party on behalf of the guy who "failed" the test. Will he potentially have a mark against him with future employers for being part of an EEOC action? I would get his approval before doing anything.

Any other suggestions on how to deal with this? Note: I am not seeking money but I want to stop this rat from victimizing others.What is the name of your state?

 

[HomeGuru]

What is the name of your state? FL

The IT Dept at a smaller company is headed by a H1b who is not even authorized for this company but INS/USCIS will do nothing. The H1B is not even qualified for the job. He is protected by the American boss.

This H1b will not hire American programmers. There are 10 programmers - no Americans. The H1b boss administers an IQ test to all Americans and they all fail. H1B's or greencard holders rarely if ever are tested. I have a witness. I also found an American who is highly qualified who recently "failed" the test and is working at another company.

I want to file a complaint through EEOC as a third party on behalf of the guy who "failed" the test. Will he potentially have a mark against him with future employers for being part of an EEOC action? I would get his approval before doing anything.

Any other suggestions on how to deal with this? Note: I am not seeking money but I want to stop this rat from victimizing others.What is the name of your state?

**A: where is your right to file for someone else.

 

[LarryWanter]

**A: where is your right to file for someone else.

The EEOC allows you to file as a 3rd Party. I obviously would ask the harmed party to provide their permission to do anything. There has been more than one American worker harmed but so far I have been able to track down one.

As I said, I am not in this for the money. I am outraged that this person can engage in this discrimination. It is also bad for the company as they are not hiring the most qualified workers.

 

[HomeGuru]

The EEOC allows you to file as a 3rd Party. I obviously would ask the harmed party to provide their permission to do anything. There has been more than one American worker harmed but so far I have been able to track down one.

As I said, I am not in this for the money. I am outraged that this person can engage in this discrimination. It is also bad for the company as they are not hiring the most qualified workers.

**A: why is the harmed person not filing on their own behalf?
Why doesn't him/her want to hire an attorney?

 

[LarryWanter]

**A: why is the harmed person not filing on their own behalf?
Why doesn't him/her want to hire an attorney?

I have not even spoken to them yet. One of my questions is if this American files a complaint with EEOC, will it some how be on their employment record or could they have some stigma. I will talk to them. If there is some headache or stigma they might be viewed as a complianer - I would offer to take the heat as a third party. I am not looking for money but to stop the practice and try to right the wrong.

The person may not want to spend the money.

I am just trying to collect info before speaking with this person.

The other question is can U.S. citizens be discriminated against as a class. Employers and H1bs can get away with murder in this area.

 

[mitousmom]

I think you misunderstand the third party charge concept. A third party charge is one filed on behalf of someone. Usually, it's designed to protect the identity of an aggrieved person who wants to file a charge but needs to to remain anonymous. EEOC usually wants to communicate with the aggrieved person because typically that person has the relevant facts that EEOC needs to determine how to process the charge. I suspect EEOC is going to want to know the source and reliability of the information that leads you to want to file a charge.

If you work for the same company, you could try to file a charge yourself, arguing that the company's practice harms you because the company is required to provide a workplace free of discrimination and it is allowing discrimination against Americans. I'm not sure how far you will get with EEOC, but at least EEOC would be aware of your allegation and they may decide to proceed on their own. EEOC has a means of filing charges itself against employers.