Pennsylvania residents who are part of the Deferred Action for Childhood Arrivals program have the right to live and work in the United States. While the program was scheduled to end on March 5, various court rulings meant that those who have DACA status are allowed to keep it. However, some who participate in the DACA program claim that they are the victims of discriminatory hiring practices.
One college graduate said that a prospective employer showed a positive attitude toward him until the company found out about his DACA status. Then, the company said that hiring him would go against its hiring practices. A college student was not allowed to intern at Proctor and Gamble because the company claimed it wouldn't allow those without a clean work authorization to be employed there. According to the Mexican American Legal Defense and Educational Fund , non-citizens do have protections against employment discrimination.
As a general rule, companies are only allowed to ask if a person has the ability to work in the United States. This means that they aren't allowed to ask if a person has DACA status or not hire a person primarily because of that fact. An exception applies if the employer is a government agency or has a contract with the federal government.
Failing to hire a person based on his or her immigration status could constitute illegal workplace discrimination. The same could be true if an individual is denied a promotion or other opportunities based on protected attributes. An attorney may be able to review a case to determine if an employer violated the law.