The Fourth Circuit upheld the dismissal of a lawsuit brought by a would-be intern against Exxon Mobil. The intern alleged that the company rescinded his job offer due to his immigration status as a Deferred Action for Childhood Arrivals (DACA) recipient. However, the court ruled that the individual failed to show that Exxon’s policy requiring permanent work authorization was intentionally discriminatory.

The court stated that while the policy may bar noncitizens, it does not necessarily discriminate based on immigration status. The court further noted that the argument from the DACA intern for discrimination under the Supreme Court’s Bostock v. Clayton County decision was flawed because the individual did not allege being “materially identical” to another employee treated differently. As a result, the court found no grounds to support intentional discrimination by Exxon based on citizenship status.

If you have questions about any immigration-related issue, contact us at ILBSG. We work with our clients in their particular situations to ensure they get the right advice based on the latest immigration policies and updates.

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