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COURT: EMPLOYERS CANNOT DISCRIMINATE AGAINST NONCITIZENS LEGAL TO WORK The US Second Circuit Court of Appeals in Manhattan, a court that is one level below the US Supreme Court, ruled last month that an employer is not permitted to fire a worker just because the person lacks US citizenship. In the case of Anderson v. Conboy, the court ruled that the United Brotherhood of Carpenters Local 17 unlawfully fired Lindon Anderson, a Jamaican national. Anderson's lawyer hailed the victory stating "If you are legally here as a noncitizen and you have the right to work under a visa provision, then you cannot be denied the right to work because you're a noncitizen." Anderson was working for the union as a business agent. The UBC required for the position that the employee be a US or Canadian citizen. When the union learned of his nationality in 1994, it fired him. The lower Federal District Court ruled against Anderson in his civil rights claim stating that anti-bias laws do not protect non-citizens. The Appeals Court reversed stating that companies do not have the right to discriminate against a non-citizen unless the person is an illegal immigrant. Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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