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Question:
The
rainy spring caused your lettuce harvest to
be less abundant than usual. You need fewer
farm workers than you hired for the season.
In deciding between Héctor Fernández and
José González, you keep Héctor because he
is a legal permanent resident and José, an
asylee, only has a temporary work permit.
Have you committed citizenship status
discrimination?
Answer:
Yes.
This is definitely citizenship status
discrimination. You cannot fire a protected
individual under INA because he/she has a
temporary work permit as opposed to legal
permanent residency. A protected individual
is a U.S. citizen, national, permanent
resident, temporary resident, refugee, or an
asylee. In any event, your firing decision
cannot be based on this factor. Otherwise,
your actions will be considered
discriminatory by Office of Special Counsel.
For more information, please contact
us
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