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-   -   Blatant violation of Equal Employment Opportunity (https://immigrationvoice.org/forum/forum5-all-other-green-card-issues/74464-blatant-violation-of-equal-employment-opportunity.html)

walking_dude 06-25-2009 10:30 PM

Blatant violation of Equal Employment Opportunity
 
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

------------------------------------------------------------------------------

Hi:

Greetings for the Day!

This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension

Client for this position is looking for Only US Citizens

Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate


Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc.

-----------------------------------------------------

kshitijnt 06-25-2009 11:02 PM

Hello
 
While I feel the same pain that you do, what I would like to state is:

H1 is an unique employment scenario. H1s are hired to fill in shortages and hence employers are under no obligation to consider H1s ahead of green card holders or US citizens.

Also any good company that you want to work for will consider all candidates based on their skills and not the visa status.

So the company that says only GC holders or USC may not be a good company to work for in the end.

pcs 06-25-2009 11:44 PM

This Employer is even worst
 
Look at this ad...

This guy is a bigtime white racist... he does not mind only Canadian TN VISA guys but not the Mexicans...

Equal opportunity Emp will call for either do not sponsor ANY VISA catagory for people present in US or NO VISA at all... BUT this guys is OK with VISA for Canadian but No Mexican.... forget about H1-B etc... OPT

PROCESS ENGINEER / CHEMICAL ENGINEER - Petrochemical / Refining / Oil and Gas job in Martinez, CA: Engineering and Engineering careers - Yahoo HotJobs

I do not need any job but I am going to write to the VP of this company and demand explanation to prove why he be not considered a racist or at least a NON Equal Opportunity Employer

SanjayP 06-26-2009 12:36 AM

H1B costs company money to employ, also too many H1B and they become H1B Dependent company. There are many reason that are not racist related so think.

kris04 06-26-2009 03:19 AM

Quote:

Originally Posted by walking_dude (Post 397597)
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.

While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.

Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.

------------------------------------------------------------------------------

Hi:

Greetings for the Day!

This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.


Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension

Client for this position is looking for Only US Citizens

Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate


Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc.

-----------------------------------------------------

Most of these companies are small sub-contractors , if such companies hire an H1b visa holder then have to disclose financial strength for the visa sponsorship, look at the hourly rate it is offering . dont worry my friend it is implicit that this company is not a big viable one

ivjobs 06-26-2009 03:25 AM

I support this
 
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...

senthil1 06-26-2009 04:08 AM

I am seeing lot of ads in Dice that only citizens are need to apply. If that is a racism many companies would have been in trouble. If you are really sure that they are violating law you can apply for those positions and sue them as affected person. You may get millions of dollars if court finds that there is a racism in selection. I think if they eliminate particular group in US citizens(If they eliminate Indian origin or Chinese origin Citizens inspite of similar skills ) then that is a racism.

Quote:

Originally Posted by ivjobs (Post 398770)
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...


Winner 06-26-2009 07:29 AM

Walking_Dude,
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!

gc28262 06-26-2009 09:44 AM

Law clearly states employer cannot discriminate based on immigration status.
Walking dude has a point. I think we should take this up. We shouldn't be calling the employer and notifying them. We should notify the ad to appropriate authorities.

desi3933 06-26-2009 10:04 AM

.
For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.

Now, in order to qualify as person who has been wrongly discriminated
1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
and

2. he/she MUST have applied for the job.

Employer can not discriminate because of
1. Expiry date of EAD
2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)

Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.


________________________
Not a legal advice.
US citizen of Indian origin

va_dude 06-26-2009 10:43 AM

The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.

Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.

chanduv23 06-26-2009 11:06 AM

Quote:

Originally Posted by va_dude (Post 400502)
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.

Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.

I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.

One thing we have to understand - employer can decide to hire who they want but must not discriminate.

Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"

Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"

desi3933 06-26-2009 11:06 AM

Quote:

Originally Posted by va_dude (Post 400502)
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.

Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.


>> not all companies are bound by the EOE laws.

Incorrect

All US Employers (that have 15 or more employees) must follow labor laws. EOE applies to all of them.

Read more for yourself
Federal Laws Prohibiting Job Discrimination: Questions And Answers

However, this is for lawful authorized workers only. In other words, one can not force employer to file for H-1B or any other work visa. At the end of H-1B petition date, employer can not be asked to extend H-1B. That is employer's choice.

But, once hired, H-1B employee can not be discriminated with other workers for equal opportunities in training, job promotions, and work conditions.


________________________
Not a legal advice.
US citizen of Indian origin


desi3933 06-26-2009 11:13 AM

Quote:

Originally Posted by chanduv23 (Post 400590)
Basically if employers are not willing to sponsor they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "only security clearance"

There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.


.

chanduv23 06-26-2009 11:34 AM

Quote:

Originally Posted by desi3933 (Post 400632)
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.


.

desi - You seem to have indepth knowledge in this. All your posts put together gives the complete picture.

In reality, a common man does not do much analysis and just goes by the flow. HR listens to what manager or management says and thats it. No one complains or asks and as such people - if they find an opportuinity which is welcoming will not chase an opportunity which is not welcoming unless a group of people like members of IV - want to collectively address these issues.

When I looked for jobs I have seen employers or reqruiters asking what is my status and if I say I have EAD some of them will say "OK, no problem" but will not get back because they have instruction from hiring managers to hire only GC or USC. The hiring manager may not be well informed enough or may not want to deal with things with USCIS (perception, because all USCIS wants is a verification letter which is common and other agencies like Banks, DMVs etc.. may also request the same)

I have noticed that a lot of people are not comfortable about dealing with USCIS - it could be a stigma.


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