HELP.. Denied a job for not having a GC yet... Is this legal?

[Pumkin 7]

Morgan Stanley HR screwed up.

If this role truly required you to be a USC or GC holder, they should have stated it in the job posting. Many job postings have this info.

Now they wasted your time, the hiring manager time, and they have to start interviewing new candidates again.

What a waste....

 

[Mollie09 1,543]

9 minutes ago, ekim said:

During the interview? OP was asked that question during the interview.

Yes, it's allowed during the interview. Immigrant is not a protected class. You can't discriminate based on national origin, but you can based on immigration status as long as the candidate is not a US citizen, noncitizen national, or permanent resident.

[A&H2018 148]

4 minutes ago, Pumkin said:

Morgan Stanley HR screwed up.

If this role truly required you to be a USC or GC holder, they should have stated it in the job posting. Many job postings have this info.

Now they wasted your time, the hiring manager time, and they have to start interviewing new candidates again.

What a waste....

 

 

Nah, then they open themselves up to a class-action lawsuit. Wasting OP and hiring manager's time? HAH, HR don't care.

[GEOntificator 282]

6 minutes ago, Mollie09 said:

Yes, it's allowed during the interview. Immigrant is not a protected class. You can't discriminate based on national origin, but you can based on immigration status as long as the candidate is not a US citizen, noncitizen national, or permanent resident.

Why don't they ask the same exact question during online application? They only ask if you are legally authorized to work in the US. If it was absolutely fine to ask whether an individual is a USC or PR then I think they would ask exactly that. 

[ekim 10]

2 minutes ago, kvito28 said:

Why don't they ask the same exact question during online application? They only ask if you are legally authorized to work in the US. If it was absolutely fine to ask whether an individual is a USC or PR then I think they would ask exactly that. 

Here is an article I found about that question

 

https://www.eeoc.gov/laws/practices/inquiries_citizenship.cfm

[T_P 872]

Holy cow, left this thread on page 3 and what happened? Did you get the job yet? 

[GEOntificator 282]

3 minutes ago, T_P said:

Holy cow, left this thread on page 3 and what happened? Did you get the job yet? 

lol. I doubt that I will.

[azblk 338]

32 minutes ago, Mollie09 said:

Yes, it's allowed during the interview. Immigrant is not a protected class. You can't discriminate based on national origin, but you can based on immigration status as long as the candidate is not a US citizen, noncitizen national, or permanent resident.

One can argue that by asking that question, the interviewer has already assumed that the candidate is not a us citizen based on appearance, accent or national origin unless that question gets asked to EVERY candidate.

[NigeriaorBust 4,087]

  Having drown up near the Canadian / US border , it is hard to tell a US resident from someone that isn't by looks all the time.  

[azblk 338]

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Please note that as of January 18, 2017, the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been renamed the Immigrant and Employee Rights Section (IER).

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• What is the Immigrant and Employee Rights Section (IER)?
• What type of employer conduct is prohibited under the INA's anti-discrimination provision?
• How do I file a charge with IER?
• What happens after a charge is filed?
• Can I report a violation of the anti-discrimination provision without filing a charge?
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• A worker has presented an employer with a document that looks fake. Can an employer refuse to accept it without violating the anti-discrimination provision?
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• When my employer created an E-Verify case with my information, I received a tentative nonconfirmation ("TNC") from the Social Security Administration ("SSA"). My employer told me that I can start working only after I resolve my TNC with SSA. I have work authorization. May my employer impose this requirement?
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---

Q. What is the Immigrant and Employee Rights Section (IER)?

A. The Immigrant and Employee Rights Section (IER) of the Justice Department's Civil Rights Division enforces the anti-discrimination provision of the Immigration and Nationality Act (INA). This law protects work-authorized individuals from employment discrimination in hiring, firing, and recruitment or referral for a fee based upon citizenship, immigration status, and national origin; unfair documentary practices when verifying the employment eligibility of employees (Form I-9 and E-Verify); and retaliation. Individuals who believe they have been discriminated against may file charges with IER and may be entitled to receive back pay and reinstatement, among other remedies.

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---

Q. What type of employer conduct is prohibited under the INA's anti-discrimination provision?

A. The Immigration and Nationality Act's (INA) anti-discrimination provision, codified at 8 U.S.C. § 1324b, prohibits four types of unfair employment practices:

• Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee, by employers with four or more workers, subject to certain exceptions. Employers may not treat individuals differently because of their citizenship or immigration status. U.S. citizens, U.S. nationals, recent permanent residents, asylees, and refugees are protected from citizenship status discrimination. Lawful permanent residents who do not apply for naturalization within six months of eligibility and certain other non-U.S. citizen categories are not protected from citizenship status discrimination. An employer may restrict hiring to U.S. citizens only when required to do so by law, regulation, executive order, or government contract.

[Lemonslice 4,963]

5 hours ago, kvito28 said:

I had a successful interview at Morgan Stanley yesterday and I was asked if I have the right to work. I explained that I have unrestricted work (I am already have my EAD) permit and that I am awaiting my green card interview. I also specified that I will not need sponsorship in the future. 

 

Today, I received a call from the branch manager (person who interviewed me) and told me that after contacting recruiting group and making recommendation to hire me THEY SAID THAT THEY CANNOT OFFER A JOB TO ANYONE OTHER THAN A US CITIZEN OR SOMEONE WHO IS ALREADY A PERMANENT RESIDENT. Is this not against the law? I think this is very messed up. Can I do something about this? 

 

Any advice would be much appreciated. This is my dream job...

Lot of good info in this thread:

 

http://www.visajourney.com/forums/topic/551366-discrimination-ead-card/

 

[A&H2018 148]

The head lawyer at Morgan Stanley probably clerked for the people at justice department who wrote those articles, if not wrote them theirselves. Pretty sure OP knows all this stuff based on their responses in this thread and fact he voluntarily gave infomration around his work authorization.

[A&H2018 148]

5 minutes ago, Lemonslice said:

Lot of good info in this thread:

 

http://www.visajourney.com/forums/topic/551366-discrimination-ead-card/

 

I thought of that thread too then I saw...

" recently accepted a job offer and have been through the drugs screen and reference check"

 

Morgan Stanley HR/Lawyers > Company X, HR and lawyers.

[usmsbow 802]

5 minutes ago, Lemonslice said:

Lot of good info in this thread:

 

http://www.visajourney.com/forums/topic/551366-discrimination-ead-card/

 

 

YES! I knew I had read a similar situation on VJ before. Thanks for finding it. 

[GEOntificator 282]

18 minutes ago, Lemonslice said:

Lot of good info in this thread:

 

http://www.visajourney.com/forums/topic/551366-discrimination-ead-card/

 

Wow! this is exactly what I was looking for. It seems like it worked for this person. Thank you so much for sharing!!

Edited July 12, 2018 by kvito28