Employers Cannot Discriminate Against DACA Dreamers

Posted by: Chris

The Deferred Action for Child Arrivals (DACA) program was created in 2012 to allow thousands of people who were illegally brought into the country as children to remain here. Over 800,000 “Dreamers” have become part of the program since it was first established. But earlier this year, President Trump announced the DACA program would come to an end. No new applications are being accepted, and Congress has less than six months to come up with a fix to the problem before the administration will stop renewing all Dreamers’ work permits.

DACA Dreamers are legally allowed to continue working in the U.S. for now as long as their work permit has not expired. But, many people fear that Dreamers will be discriminated against at work now that the DACA program has come to an end. If you are a Dreamer, it’s important to understand your rights in the workplace.

Wrongful Termination

Dreamers are entitled to the same rights in the workplace as other employees. This means they are protected against discrimination based on their race, color, or national origin. An employer is not allowed to fire a Dreamer simply because of their ethnicity or immigration status.

Discriminatory Hiring Practices

Employers also cannot choose not to hire applicants because they are part of the DACA program. For example, let’s say you accept a job offer and after reviewing your paperwork, the employer realizes that you have a DACA work permit that is going to expire in several months. The employer cannot take back the job offer after learning this information. This would be a form of discrimination that is prohibited by law.

Questioning Dreamers’ Work Permits or Statuses

An employer has every right to ask for your renewed work permit if your existing permit has expired. However, an employer cannot randomly ask to take another look at your work permit.

If you are part of the DACA program, it’s also important to note that you never have to tell your employer that you are a Dreamer. Employers should never ask for DACA employees to identify themselves, either. It is completely up to you whether or not you want to share this information. If an employer is questioning you about it, this could be considered discrimination.

Dreamers who have been discriminated against should seek legal representation right away. Our team of employment law attorneys will fight tirelessly to protect your rights in the workplace. Please call Armstrong & Vaught, P.L.C. today at 918-582-2500, toll free at (800) 722-8880, or contact us online for a free consultation with an experienced attorney.