The Fourth Circuit court is being asked to review a previous lawsuit claiming DACA status discrimination. The individual filing the lawsuit claims a large oil company rescinded an internship offer based on the individual’s DACA status. The basis for reviewing the matter is the U.S. Supreme Court ruling of a June 2020 decision. In that decision, Bostock v. Clayton County, the U.S. Supreme Court found that the definition of sex-based discrimination under Title VII of the 1964 Civil Rights Act includes LGBTQ rights bias, as the basis of discrimination is an individual’s sex. The DACA discrimination matter revival suggests using this same logic to their matter.

The individual claiming discrimination asks the fourth circuit panel of judges to use the same logic in their matter. Immigration status and work authorization are directly linked to citizenship, per the individual. On that basis, the fact that the internship offer was rescinded resulted in discrimination based on their immigration status, also in violation of the federal civil rights statute. The individual claims that the oil company looks for applicants that do not have any limitations to long-term employment, however, it doesn’t appear that applied that standard equally.

Ultimately, the question is if the oil company applies the same standards to citizens and non-citizens. Attorneys for the oil company state the circumstances for this matter are different than the Bostock matter. They claim that the individual’s work status was not clear in their application. Subsequently, after receiving the offer and all documents submitted, it became clear to the oil company that the individual did not satisfy the long-term employment availability requirement. More specifically, the oil company’s attorneys state that they specifically allow for the employment of qualifying protected individuals who are not U.S. citizens.

If you have questions about your employment status, DACA, or any other immigration-related issue, contact us at ILBSG. We work with our clients in their particular situations to ensure they get the right advice.

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