Legal Question in Discrimination Law in California

Refuse employment to non-citizen

Hi,

I was approached for an interview by the largest consulting companies in the US and spoke with their HR recruiter over the phone. The conversation went extremely well and she even set a date for me to interview with the hiring manager in San Francisco. In the end, she asked me if I will require sponsorship from the company and I said that I wont since I am already on an H1B visa with another company and we would just need to transfer it if I get the job.At that point she went quiet for a few seconds and said ''shoot, it's company policy to recruit only green card holders'' and said that she could not go ahead with the process. She also said that if my residency status changes in the near future, I should get in touch with her. What beats me is that I already have a legal working status in the US for the next 3 years and why would they discriminate based on whether I am a citizen or not? Is it legal for them to do so? If it isn't I would really like to pursue this matter. Any advice greatly appreciated!

Thanks!


Asked on 2/09/08, 5:18 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Refuse employment to non-citizen

While it seems unfair, the hiring company here can't set its' own hiring policies.

The can't discriminate by age, color, religion, sexual preference, etc., but nothing covers your type of visa.

Smile and move on. You are welcome.

Good luck!

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Answered on 2/12/08, 3:43 pm


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