Discrimination EAD Card

[BritAbroad2015 61]

Hi VJ,

I recently accepted a job offer and have been through the drugs screen and reference check. These have all come back successfully. However, today I have been informed that they are only willing to hire someone who is a permanent resident. This was never communicated to me and my EAD card is still valid for another 9 months whilst I await my PR interview.

I researched online at USCIS and found this helpful information:

"Your employer MAY NOT:

• Refuse to accept your document or refuse to hire you because your document expires in the future.
• Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract."

To me this information seems to support my belief that I should not be discriminated against. However, I did call the worker hotline and speak to attorney who basically said it wasn't worth the hassle of pursuing it.

Has anyone else had a similar experience? And/or have and advice on this matter?

Thanks

[lost_at_sea 995]

You could probably report them, but it won't do much for you I imagine:

http://www.eeoc.gov/employees/charge.cfm

http://www.justice.gov/crt/about/osc/

They sound like cruddy employers if they're so willing to drop you for someone else in that manner.

Edited June 2, 2015 by lost_at_sea

[BritAbroad2015 61]

Hi,

Thanks for your reply. The thing is they are a VERY large company and I know they don't have anyone else in mind as I'm meant to start next week.

Seems like the general stance is don't bother pursuing, but if it is discrimination then surely the right thing to do is at least educate them that it is not right?

Thanks,

Amber

[lost_at_sea 995]

Hi,

Thanks for your reply. The thing is they are a VERY large company and I know they don't have anyone else in mind as I'm meant to start next week.

Seems like the general stance is don't bother pursuing, but if it is discrimination then surely the right thing to do is at least educate them that it is not right?

Thanks,

Amber

Yeah, you should tell them what they've done is discriminatory and also write a letter to report them as those links suggest.

[ChicagoSarah 127]

I would ask them why the PR stance and provide them some further information about how the EAD allows the same rights as a PR card. It's possible they just aren't familiar with the EAD.

[lost_at_sea 995]

I would ask them why the PR stance and provide them some further information about how the EAD allows the same rights as a PR card. It's possible they just aren't familiar with the EAD.

That's true! Wouldn't be the first time someone hasn't understood the rules. Although, you'd expect a big company with a big proper HR department to be familiar with the laws. But who knows!

[Boiler 45,467]

It would no doubt come from an underling with no real knowledge anyway.

[VOL 425]

I would call a lawyer who specializes in work and labor laws, Sound like to me I there is some money to be able to be extracted from said company for what they are telling you......

[Pitaya 2,577]

~Moved from K1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about EAD, past K1~

[CowBoE 429]

Happens all the time...it's best to just move on to the next company.

[TabeaK 517]

I would not drop this! Fight for your rights, it is the only way to make a difference!

Network with a few other employees of this company, preferably someone in HR who has decision power - e.g. via linkedin. Ask to speak to the supervisor of the person who is discriminating against you. Depending on what company it is, try using social media to get in touch - PR issues can have a strong impact.

Find a lawyer as a backup.

I would not let them off the hook!

Good luck.

[Hypnos 6,576]

What they are saying is illegal. You can choose to do something about it, or roll over and accept their discrimination.

I know which I'd pick.

[kamw 93]

Fight it, spread some knowledge. I wouldn’t work there because I’m sure there will be hard feelings but I’d talk to a lawyer about the possible outcome if you pursue it.

Big company, small company- most ppl don't understand how immigration works. I've been a LPR since 1991. Lived here full time since 2005. GC expired in 2008 and I was a struggling college student so I couldn't afford to renew it right away. The day after it expired HR showed up at my desk to tell me I couldn't work there anymore. Never mind the fact that I called USCIS and had someone explain that my status had not expired and since I was already working there, I had a year to get it renewed. Even after providing proof that I had paid and was in the process for renewing she still insisted that I was not legal. My boss had to contact her boss and fight it.

They were sued two years later for not accepting documents from someone who was in the process of doing AOS after he married a USC. They claim his temp work docs were not sufficient. Apparently they have a history of discriminating against immigrants. They fired an Australian guy for his GC being stolen.

Edited June 3, 2015 by kamw

[ExPatty 502]

Lawyer is right that pursuing them legally if they hold ground is a waste of time.

However, there is a huge gray area you need to exploit, stat.

If you can find an immigration attorney who is willing to write you a quick letter on a piece of their letter head and it costs you only $150 to do so, go for it. No need to actually go through with anything.

Or, better yet--quicker, and cheaper--tell the employer that you've contacted an attorney about it to get their opinion, and that you have looked up the law (reference it) and tell them that they are discriminating against your status. Be very courteous and kind about it, since they may be your future employer. They don't need to know you have no intention of making a huge issue out of this, but if they are in fact breaking the law giving up without at least bluffing your intent to challenge them on this is silly. Further, you have absolutely nothing to lose. Worse case you don't get the job, which is what you don't get anyway if they get their way.

I'm not familiar with this law, but I found the bullet you referenced:

http://www.uscis.gov/i-9-central/employee-rights-discrimination/employee-rights

Heck, even if it doesn't quite mean what it seems to, it sure seems to mean that what they are doing is illeal. Let them know. Bluff that you don't intend to lose a job due to their ignorance of the law.

Edited June 3, 2015 by ExPatty

[ExPatty 502]

Another link for you, this from the US Justice Department asserting the same:

http://www.justice.gov/crt/about/osc/htm/engperliwdiss.php

" Employers may not refuse to hire refugees and asylees because their work authorization contains a future expiration date."

BTW, I hope that what you have from your HR department is written. In fact, before you go back to them ask them to email you or write a letter about why they are doing this. Otherwise, if you go guns blazing they may come up with another excuse, so you need to ensure they specify in writing why they cannot hire you. Unfortunately PA is not a one-party consent state for audio recording, so recording a phone call won't be sufficient/legal for you to do.

Oh looky what I found:

http://www.employmentmattersblog.com/2015/01/beyond-u-s-citizens-and-lawful-permanent-residents-are-other-classes-of-individuals-legally-authorized-to-work-protected-from-employment-discrimination/

This case matches yours precisely, found for the plaintiff.

Please don't lose a job because your company is breaking the law and you don't bother telling them they are. Best of luck!

And:

http://www.eeoc.gov/laws/types/nationalorigin.cfm

The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.

But as I said, the company--if they didn't tell you this in writing--can subsequently pretend they don't want you for any reason at all. I don't trust HR very much. This is why if possible you get something from them in writing, so that you can then throw this back at them. Otherwise, they could say you're "not a good match" or whatever, and the real reason gets lost in the murk.

Edited June 3, 2015 by ExPatty