Employment discrimination
#31
Re: Employment discrimination
I disagree with other posters that this is not discrimination. File your complaint at http://www.eeoc.gov/ for the benefit of others and so the company comes to understand it can't do this, then get on with your job search elsewhere.
People on this board who are such sticklers when it comes to immigration law yet are excusing the illegal behavior of this company are quite simply hypocrites.
Last edited by notacrime; Mar 8th 2009 at 10:23 am. Reason: wording
#32
Re: Employment discrimination
Hello!!!
Newbie Brit (soon to be expat) here!
I got my legal resident green card in January 2009 and am planning to immigrate to USA within the next few months.
In the meantime I have been applying for jobs online.
I received an email reply to a job application. This is what I received...
"We are not hiring non US citizens. We have received many qualified US applications for this position and will be hiring from within our region"
I am deeply shocked, upset and offended by this reply.
Has anyone living or planning to live in USA ever had anything like this?
It isn't a federal government job or anything so I am pretty sure its unlawful for this company to discriminate on the grounds of national origin.
I want to make a complaint
Advice anyone?
Newbie Brit (soon to be expat) here!
I got my legal resident green card in January 2009 and am planning to immigrate to USA within the next few months.
In the meantime I have been applying for jobs online.
I received an email reply to a job application. This is what I received...
"We are not hiring non US citizens. We have received many qualified US applications for this position and will be hiring from within our region"
I am deeply shocked, upset and offended by this reply.
Has anyone living or planning to live in USA ever had anything like this?
It isn't a federal government job or anything so I am pretty sure its unlawful for this company to discriminate on the grounds of national origin.
I want to make a complaint
Advice anyone?
#33
Re: Employment discrimination
I feel the need to add that based on other posts, this person has an Immigrant Visa, not a Green Card. He has not yet been admitted to Permanent Residency.
I realize this doesn't change anything for your post, JAJ.
I realize this doesn't change anything for your post, JAJ.
#34
Re: Employment discrimination
I guess I have a different take from everyone else .
It may be illegal to SAY it (to put it in words), or to be caught 'doing' it, but I'm sure many employers feel that way - a variation on the flag-waving mentality - and act on it.
This particular employer was honest about it and at least saved you some time by not falsely encouraging you.
If it were race-based I'd be outraged but as it is, I'd focus on having a more positive attitude towards the country I'm planning to move to; don't make your first action in the US be a lawsuit!
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
(now I'm going to duck and run on this one ... I'm not being terribly serious ... )
It may be illegal to SAY it (to put it in words), or to be caught 'doing' it, but I'm sure many employers feel that way - a variation on the flag-waving mentality - and act on it.
This particular employer was honest about it and at least saved you some time by not falsely encouraging you.
If it were race-based I'd be outraged but as it is, I'd focus on having a more positive attitude towards the country I'm planning to move to; don't make your first action in the US be a lawsuit!
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
(now I'm going to duck and run on this one ... I'm not being terribly serious ... )
#35
Re: Employment discrimination
I guess I have a different take from everyone else .
It may be illegal to SAY it (to put it in words), or to be caught 'doing' it, but I'm sure many employers feel that way - a variation on the flag-waving mentality - and act on it.
This particular employer was honest about it and at least saved you some time by not falsely encouraging you.
If it were race-based I'd be outraged but as it is, I'd focus on having a more positive attitude towards the country I'm planning to move to; don't make your first action in the US be a lawsuit!
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
(now I'm going to duck and run on this one ... I'm not being terribly serious ... )
It may be illegal to SAY it (to put it in words), or to be caught 'doing' it, but I'm sure many employers feel that way - a variation on the flag-waving mentality - and act on it.
This particular employer was honest about it and at least saved you some time by not falsely encouraging you.
If it were race-based I'd be outraged but as it is, I'd focus on having a more positive attitude towards the country I'm planning to move to; don't make your first action in the US be a lawsuit!
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
(now I'm going to duck and run on this one ... I'm not being terribly serious ... )
Actually, I think you are correct. On nearly all points.
The overall proportion of total American companies who hire foreigners from England must be very, very small. That they mostly deal with foreign workers from Mexico, Puerto Rico, etc. sort of skews the American view just a tad.
As for the Americans loving the Brits, you make a valid point about "preferential treatment" but its also my twitchy conclusion that this is more a case of them being fascinated with the difference. Unless you are somewhere like SF, Boston, NYC or LA (etc) you are going to run into an enormous (and very unfortunate) amount of cultural ignorance (perhaps lack of knowledge is a better term).
Now as to wether someone from England will thrive better in a cosmopolitan place (like you are in) or somewhere off the beaten track is entirely down to the person. - and another subject entirely.
Ho hum.
#36
BE Forum Addict
Joined: Feb 2007
Location: USA
Posts: 2,212
Re: Employment discrimination
"Unless you are somewhere like SF, Boston, NYC or LA (etc) you are going to run into an enormous (and very unfortunate) amount of cultural ignorance (perhaps lack of knowledge is a better term). "
last week i had to get my hair cut... sitting in the chair, she was snipping away. Asked where are you from? I replied UK, she snips some more, and deathly quiet, conversation has ended, and then pipes up... is that near England? GASP!!
last week i had to get my hair cut... sitting in the chair, she was snipping away. Asked where are you from? I replied UK, she snips some more, and deathly quiet, conversation has ended, and then pipes up... is that near England? GASP!!
#37
Re: Employment discrimination
Which is all well and good, but the man is living in Scotland and will not be coming to the US for weeks yet. If they are hiring and there are applicants who are already within the US and with the right to work, it would make perfect sense that his application for employment would be given the lowest priority.
While their language in their email to him is wrong, it might well be that the person responding was trying to say that they were only accepting applications from people living in the US rather than a foreigner who, for all they know, does not have the right to work when living here and thus needs the employer to sponsor them for a work visa.
I would think an email back to them about their choice of language would be far more appropriate then sueing them and I would direct it to the HR department and to the CEO.
#38
Re: Employment discrimination
Meauxna
Thanks for the link about I-9 stuff. I'm aware I have a bit more form filling to do once I land but there is nothing which would stop me taking the job in question. I even already have my Social Security number.
I looked at the company website and the person I got this reply from is a certified professional in human resource management by the Society for Human Resource Management (SHRM) !!
The Civil Rights Act 1964 chapter title VII outlines that
"t shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;"
Thanks for the link about I-9 stuff. I'm aware I have a bit more form filling to do once I land but there is nothing which would stop me taking the job in question. I even already have my Social Security number.
I looked at the company website and the person I got this reply from is a certified professional in human resource management by the Society for Human Resource Management (SHRM) !!
The Civil Rights Act 1964 chapter title VII outlines that
"t shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin;"
#39
Re: Employment discrimination
Which is all well and good, but the man is living in Scotland and will not be coming to the US for weeks yet. If they are hiring and there are applicants who are already within the US and with the right to work, it would make perfect sense that his application for employment would be given the lowest priority.
All they had to do was either say "Thank you but we will not be taking your application further" without an explanation or just like most companies and had just ignored him.
Sure most companies don't want to hire people who aren't living in the country, but only someone stupid would open themselves/company up for a law suit.
#40
Re: Employment discrimination
They were still breaking the law.
All they had to do was either say "Thank you but we will not be taking your application further" without an explanation or just like most companies and had just ignored him.
Sure most companies don't want to hire people who aren't living in the country, but only someone stupid would open themselves/company up for a law suit.
All they had to do was either say "Thank you but we will not be taking your application further" without an explanation or just like most companies and had just ignored him.
Sure most companies don't want to hire people who aren't living in the country, but only someone stupid would open themselves/company up for a law suit.
Quote the rest of my post, Bob. I didn't say I agreed with their choice of language; just the opposite.
#41
BE Forum Addict
Joined: Feb 2007
Location: USA
Posts: 2,212
Re: Employment discrimination
I agree with Bob is anyone really that stupid?
#42
Re: Employment discrimination
I didn't see anyone saying the OP should sue, just that they should report the firm to the equal employment commission.
#43
BE Enthusiast
Joined: Nov 2008
Location: Seal Rock, Oregon
Posts: 842
Re: Employment discrimination
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
On Friday night at one of the local supermarkets, while waiting at the checkout and chatting to the people in front of me (who were from the Bay Area and visiting), my shopping trolley was pulled out of my hands and swung across the floor (it turned over and all my shopping went everywhere) by some gentleman who insisted I left "his" country by the quickest possible means.
#45
Re: Employment discrimination
I guess I have a different take from everyone else .
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
(now I'm going to duck and run on this one ... I'm not being terribly serious ... )
I'd also say that being a Brit generally gets you a lot of PREFERENTIAL treatment - Americans love the Brits; they tend to assume we are smart, honest, well educated, know everything there is to know about history, etc etc ... so if we are going to complain about discrimination let's give up all the positive discrimination we enjoy!
(now I'm going to duck and run on this one ... I'm not being terribly serious ... )
We do?
Ahhh yes, you say, with tongue in cheek.