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  1. #1

    Question Is This Discrimination? Denied Job Opportunity Based On Immigration Status

    State: Virginia

    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)?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is This Discrimination? Denied Job Opportunity Based On Immigration Status

    I believe this probably is illegal discrimination. I would have the person contact the EEOC & see what they say/put in a complaint.

  3. #3
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Is This Discrimination? Denied Job Opportunity Based On Immigration Status

    The EEO laws for which EEOC is responsible don't prohibit discrimination based on immigration status and the type of work authorization the individual holds.

    See OP's other thread at http://forum.freeadvice.com/showthread.php?t=400169.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is This Discrimination? Denied Job Opportunity Based On Immigration Status

    Thanks mitousmom. You're right. The first thing I always think of when there is discrimination is the EEOC.

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