Discrimination during hiring process

[a-n-s 1]

Hi VJs,

 

Recently I was told by the recruiter that I passed the interview and was in offer stage, the only thing left was my immigration status. I emailed the company's immigration team a copy of my EAD(based on marriage, pending I-485). The next day they called back and told me explicitly there's not enough time(9 months) before the expiration of my EAD and so they won't extend an offer due to that. I explained to my recruiter that my EAD is based on my marriage, not employment and my EAD card can get indefinitely extended until my green card is approved. Then the company sent an immigration lawyer to me and told me that my immigrations status was marked as high risk because marriage could end or the government could deny the green card application at some point in the future. Since then I haven't received any updates from the company's immigration team.

 

This is coming from a major California tech company in SF. Can they do that?

 

Thank you in advance!

[zochu 255]

Yes. 

 

It's not discrimination.

[Lemonslice 4,840]

Read this thread: 

 

[zochu 255]

10 minutes ago, Lemonslice said:

Read this thread: 

 

 

I stand corrected..

 

Also view this:

 

 

https://www.justice.gov/crt/frequently-asked-questions-faqs 

 

 

 

EDIT:
 

this is actually really good news for immigrants! go america! 

 

 

 

Edit again:

 

 

View also:

 

https://www.eeoc.gov/ 

 

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

 

 

 

Good Luck and fight em!

Edited November 27, 2019 by zochu
wanted to add more to my post

[a-n-s 1]

30 minutes ago, Lemonslice said:

Read this thread: 

 

Yes, I did read this thread thoroughly before I sent my post. My situation is slightly different from that post. I didn't get any written notice for ending the hiring process, but also no response from the immigration team. I have sent at least two following up emails to the immigration team, and still being ignored.

[Lemonslice 4,840]

29 minutes ago, a-n-s said:

Yes, I did read this thread thoroughly before I sent my post. My situation is slightly different from that post. I didn't get any written notice for ending the hiring process, but also no response from the immigration team. I have sent at least two following up emails to the immigration team, and still being ignored.

Still good resources, if you decide to escalate.

[zochu 255]

32 minutes ago, a-n-s said:

Yes, I did read this thread thoroughly before I sent my post. My situation is slightly different from that post. I didn't get any written notice for ending the hiring process, but also no response from the immigration team. I have sent at least two following up emails to the immigration team, and still being ignored.

 

Maybe lodge a complaint with the EEOC?

 

At least get the ball rolling. Did the Immigration lawyer send anything to you in writing or is it just verbal?

[a-n-s 1]

5 hours ago, zochu said:

 

Maybe lodge a complaint with the EEOC?

 

At least get the ball rolling. Did the Immigration lawyer send anything to you in writing or is it just verbal?

The immigration lawyer represents the company and answered my questions through phone. I did ask her details about the hiring process, which is suspend due to the immigration team's evaluation, but the lawyer clarified she was not aware of the hiring process. She just told me my immigration status was marked as high risk because of marriage based.

[carmel34 3,626]

Your choices are:

 

1.  hire the best employment attorney you can find and fight this.  be prepared to spend lots of money with no guarantee that you'll win the lawsuit, and it may take many months to work its way through the court system

 

2.  move on to another company that doesn't discriminate

 

I suggest option #2

[databit 328]

OP, we can all wave the American flag here, but California, like most states, is an "At-Will Employment" state. This means they can hire you one week and fire you the next, for NO REASON. Unless the firing is provable discrimination, you're out.

 

Not only that, any lawsuits you might file for this job in SF become  public record, and easily searchable during the deep background checks a future top company will do. Agree, you should just move on.

 

 

[Boiler 45,487]

I do not think this is the same as the prior thread, never got to an offer stage, now is it worth taking it further or just get a job elsewhere is the question, second one seems more sensible.

[usmsbow 801]

Sounds weird. If this was through a recruiter, if the company had any "sense", they'd tell the recruiter to tell you they weren't interested due to the background check, and leave it at that. The attorney is also dumb for talking to you about it. 

 

And is it the actual tech company that's hiring? Or a contractor for the tech company? Just curious. My wife worked as a contractor for FB for a few months, and most of her team had originally arrived here on K-1 visas. It was kinda funny.

 

 

[WandY 430]

Move on. You're not getting hired by them and fighting it is a waste of money and time. Their loss, not yours.

[moreadore 100]

I'm sorry nobody has given you real correct information. This is true discrimination of a protected class (citizenship and/or national origin) especially as this should not even be up for discussion. You have a valid work authorization form which can easily be verified with eVerify. Your status is irrelevant and this has nothing to do with "at will" employment. I worked in HR, in California for many years. You should file a complaint with the appropriate agencies for discrimination and let them handle. It's not worth your time to get the decision reversed because they will ultimately find any other reason to let you go (this is where at will comes into play).

[igoyougoduke 1,656]

On 12/1/2019 at 4:41 PM, moreadore said:

I'm sorry nobody has given you real correct information. This is true discrimination of a protected class (citizenship and/or national origin) especially as this should not even be up for discussion. You have a valid work authorization form which can easily be verified with eVerify. Your status is irrelevant and this has nothing to do with "at will" employment. I worked in HR, in California for many years. You should file a complaint with the appropriate agencies for discrimination and let them handle. It's not worth your time to get the decision reversed because they will ultimately find any other reason to let you go (this is where at will comes into play).

This is not discrimination as OP seems to be claiming. EADs status is really not a status as it’s not a work visa and company is taking a risk hiring you. It’s a free country