Joan

Is there is a legal basis for a salary discrimination?? I have heard several US
permanent residents complaining that their salaries are twice lower than that of US
citizens. Thank you for any friendly input.

Andy Platt

No, that's blatent discrimination if it's for the same job. Of course, in my field -
engineering - you can have legitimate cases where you'll pay someone who has security
clearance more than someone who doesn't - the fact that US citizens can get the
clearance and PRs can't (generally) is not discriminatory though.

Of course, sometimes when you dig deeper you find other things. For instance, a PR
usually does not have to show anything different than a US citizen when getting a job
so there's no reason for them to know otherwise
(e.g. an unrestricted social security card along with a driver's license can be used
by both USCs and PRs).

Andy.

--
I'm not really here - it's just your warped imagination. "Joan" <[email protected]>
wrote in message news:[email protected]...
    > Is there is a legal basis for a salary discrimination?? I have heard several US
    > permanent residents complaining that their salaries are twice lower than that of US
    > citizens. Thank you for any friendly input.

Mrtravel

What is "twice lower"? Do you mean 1/2? Why in the world would they be still working
for the same employer? Yes, it is unlawful to discriminate against Permanent
Residents in most non government employment. That said, I would find it extremely odd
for an employer to be paying a "legal" resident half the salary of a US citizen.

M

Joan wrote:
    >
    > Is there is a legal basis for a salary discrimination?? I have heard several US
    > permanent residents complaining that their salaries are twice lower than that of US
    > citizens. Thank you for any friendly input.

Mrtravel

1. How did the employer know they were not citizens? Unless the job requires a USC,
they can't even ask that question on the application.

2. How did they know they were getting only 1/2 as much money? I don't tell anyone at
work my salary. I am sure it is probably double what the lowest level person makes
on my team. But then, I do more work and have substantially better qualification
than anyone else on my team.

If they really feel they have a case, it wouldn't be that difficult to find
an attorney.

Shelley

There was a long thread on alt.visa.us once regarding the pay issue and H1bs. Some
folks called it the "indentured servitude" visa. Employers hire alien workers at a
lower pay rate, with the promise of a Green Card, but when their visa runs out they
are let go and replaced with a new H1b employee. Perhaps this is what the original
poster may have heard. Although it wouldn't surprise me if some employers thought
that they could underpay a PR thinking the new employee might not know his/her rights
under US law. Take Care. Shelley

"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > No, that's blatent discrimination if it's for the same job. Of course, in
my
    > field - engineering - you can have legitimate cases where you'll pay
someone
    > who has security clearance more than someone who doesn't - the fact that
US
    > citizens can get the clearance and PRs can't (generally) is not
    > discriminatory though.
    >
    > Of course, sometimes when you dig deeper you find other things. For instance, a PR
    > usually does not have to show anything different than a US citizen when getting a
    > job so there's no reason for them to know otherwise
    > (e.g. an unrestricted social security card along with a driver's license
can
    > be used by both USCs and PRs).
    >
    > Andy.
    >
    > --
    > I'm not really here - it's just your warped imagination. "Joan"
    > <[email protected]> wrote in message
    > news:[email protected]...
    > > Is there is a legal basis for a salary discrimination?? I have heard several US
    > > permanent residents complaining that their salaries are twice lower than that of
    > > US citizens. Thank you for any friendly input.

Joan

mrtravel <[email protected]> wrote in message
news:<[email protected]>...
    > What is "twice lower"? Do you mean 1/2? Why in the world would they be still
    > working for the same employer? Yes, it is unlawful to discriminate against
    > Permanent Residents in most non government employment. That said, I would find it
    > extremely odd for an employer to be paying a "legal" resident half the salary of a
    > US citizen.

OK, for example, US citizen would be paid 5000 (rounded) a months, but a US Permanent
resident would be paid 2500 (rounded) for the same position and responsibility level,
both being entry level. That is the real case in a real world. Besides, HR person
will ask any person who is "apparently" not American born a proof of right to work,
and go and xerox the original document. Besides they also will check your background
inside out which includes your driving record and your neighbors opinion about you. I
am talking about corporations here. Applications vary - some ask: Are you a US
citizen? Are you a PR? , others will just modestly ask: "are you a US citizen or
otherwise eligible to work in US?" which is nice and polite. So it depends on a
company. I think some companies have more rights than others, Enron is a nice
example.

Mrtravel@Sbcglo

Joan wrote:

    > OK, for example, US citizen would be paid 5000 (rounded) a months, but a US
    > Permanent resident would be paid 2500 (rounded) for the same position and
    > responsibility level, both being entry level. That is the real case in a
    > real world.

That would be illegal.

Besides, HR person will ask any person who
    > is "apparently" not American born a proof of right to work, and go and xerox the
    > original document.

The law REQUIRES proof of right to work from EVERYONE. That is why you fill out a INS
I-9 form when hired.

Besides they also will check your
    > background inside out which includes your driving record and your neighbors opinion
    > about you. I am talking about corporations here.

They can do this if you consent. It happens to citizens and non citizens.

    > Applications vary - some ask: Are you a US citizen? Are you a PR? , others will
    > just modestly ask: "are you a US citizen or otherwise eligible to work in US?"
    > which is nice and polite. So it depends on a company.

Companies that do not have job requirements that restrict hiring to citizens (like
the new FAA jobs) can not ask you whether you are a PR or not. They can only ask if
you are legally able to work in the US.

A reputable company would not pay US citizens twice the rate of a permanent resident.
In addition to being illegal, it makes no sense. For instance, if a job is worth
$50,000. A company isn't going to pay some people $65000 and some people 32500 just
because one is a USC. After all, if the job is really worth $50000, then the people
working for $32500 could get a job elsewhere for the $50000. If there were no other
$50000 jobs available elsewhere, then it would make no sense for the company to pay
65000 to some people. Economically, it doesn't make sense.