If some one can sue because they were not hired because of a legal status, is this not different the being black or gay ?
2006-10-19 15:27:54 · 21 answers · asked by vicente fox 1 in Politics & Government ➔ Immigration
Immigration status is not a protected class.
2006-10-19 15:29:50 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Not at all - if an employer fals to hire a Frenchman, because they are on a short-term visa, that is not saying that they will not hire a Frenchman on a green card.
There is a difference between immigration status & race - e.g. not hiring someone because they are an illegal alien, is different from not hiring someone because they are Mexican.
P.S. I WAS a legal alien until 02/13/04, when I became a legal naturalised US citizen. ALL I DEMAND IS THAT EVERY OTHER IMMGRANT PLAY BY THE RULES TOO !
Hiring a legal alien can and probably will be more expensive than hiring a US citizen.
2006-10-19 22:33:30 · answer #2 · answered by dryheatdave 6 · 1⤊ 0⤋
Hiring an illigal person, in the first place is punishable by law. It is not a discrimination as to the employer. The requisite of hiring is to have a Social Security Number for tax purposes and background check. This is a legal identity of a certain legal person. As a matter of comparison as to black and gay. Black and gay is not an issue of immigration but rather personal attributes of certain individual.
2006-10-19 23:12:35 · answer #3 · answered by Serge Mariano G 1 · 0⤊ 0⤋
They can't sue based on being here illegally and not being hired. It is illegal for employers to hire illegal immigrants.
But - an employer can't ask about the legal status of residency during the interview process due to the potential to discriminate against hispanic residents. That is the reason for the I-9 form that is completed by ALL individuals upon hiring by an employer. One must produce proof of identification and proof of being able to legally work in this country.
2006-10-19 22:41:31 · answer #4 · answered by volleyballchick (cowards block) 7 · 0⤊ 1⤋
Don't know what country you live in. But, if you live in the U.S., and are not a legal citizen, you have no rights, except the right to be sent to your home country. Maybe in the bizarr-o world, you could sue someone. If you can't pass the test of employment, you failed, not the employer. And yes, this is different than being either Black or Gay. It is not illegal to be either of those.
2006-10-19 22:46:23 · answer #5 · answered by detecting_it 3 · 0⤊ 0⤋
Black and gay citizens have every right to legal protections under specific laws, as do white Baptist citizens. The key is to recognize two unrelated classes of individuals and not intermingle their attributes just to build an illiterate point. Black and gay non-citizen illegal immigrants have precisely the same level of protections as any other illegal, which would strongly suggest that black/gay and non-citizen/illegal immigrant are two completely unrelated classes. You probably were not hired because of your inability to grasp the intricacies of being a legal, and because your written grasp of the language of the United States, English, is very poor.
2006-10-19 22:41:10 · answer #6 · answered by pair-a-docs 3 · 1⤊ 0⤋
Thats like asking if an employer does not hire a known heroin addict is that discrimination. Where do they get people like you to ask such a stupid question.
Do you really think if an employer does not hire someone because of their immigration status they are discriminating. Perhaps they don't want to go to jail for hiring someone who has violated their immigration paperwork, or who is illegal.
2006-10-20 01:11:49 · answer #7 · answered by Rick D 3 · 0⤊ 1⤋
No because the law says companies will be penalized for hiring without proper identification. A company does not have to do illegal activities or participate in an illegal hiring. Just like any citizen who does not have identification cannot get a job. Simple as that.
2006-10-19 22:32:57 · answer #8 · answered by AveGirl 5 · 1⤊ 0⤋
You might have an argument if the employer fails to understand the law correctly. I've been in that position twice in the five years I've been in the USA. Frankly, if they do make that mistake, they are not an employer I would wish to work for.
If the employer is refusing employment because the status is that of illegal alien, then not only is that employer within their rights but, as noted in previous posts, they would be committing a criminal offense.
2006-10-19 22:35:52 · answer #9 · answered by skip 6 · 1⤊ 1⤋
Employers (most) have to show that you are legal to work in the US before hiring you. It's federal policy not discrimination.
2006-10-19 22:32:57 · answer #10 · answered by connie777lee 3 · 1⤊ 0⤋
When an employer can get fined for hiring people who are not her legally, they certainly have the right to refuse to hire them.
2006-10-19 22:31:21 · answer #11 · answered by sunshineandsilliness 2 · 0⤊ 0⤋