A proposed class action lawsuit that accused an employer of discriminating against job applicants based on their Deferred Action for Childhood Arrivals (DACA) status is headed for settlement, leaving open for now the question of whether a DACA beneficiary has the right to claim discrimination under 42 U.S.C. § 1981 (Section 1981).
In June of last year a federal district court ruled in Rodriguez v. Procter & Gamble Co., Case No. 17-22652 (S.D. Fla. June 10, 2020) that the company’s policy of automatically rejecting applicants who had temporary work authorization under DACA was facially discriminatory and could be unlawful under 42 U.S.C. § 1981. According to the court, “it is well-settled that Section 1981’s protection against employer alienage discrimination applies to lawfully present immigrants,” which the court said includes DACA recipients based on the assumption that they are legally authorized to work in the U.S.
Members of the Center for Workplace Compliance (CWC) can read more here.