discrimination in the workplace?

longemoco · 03-28-2007

Today my wife went and applied at a store and then she had and interview, and the manager told her this," you are not a citizen, are you? and my wife said yes but the guy didnt believe her and started asking more questions,
so now if she wants to get the job she has to go tomorrow and bring her birth certificate and social security card and id, she wants to go ahead and do it but i feel like the guy is discriminating her because we got married and now she has my last name, but she is a citizen, born in fresno,ca.

anybody here knows a number i can call to report the guy? or what should i do? I just didnt like how just because he sees mexican last name he automatically thinks "ILLEGAL HERE".

Matt D. · 03-28-2007

Go here to find out:

http://www.humanrights.state.mn.us/i...ive/index.html

The Department of Human Rights can also be contacted at:
651-296-5663
1-800-657-3704

Google is your friend.

longemoco · 03-28-2007

Quote:

Originally Posted by Matt D.

Go here to find out:

http://www.humanrights.state.mn.us/i...ive/index.html

The Department of Human Rights can also be contacted at:
651-296-5663
1-800-657-3704

Google is your friend.

Thanks man, yeah i tried google but i couldnt really find any usefull info, i was trying to find the website to the poster than they post at almost every workplace, you know where it says about your rights and stuff like that.

I'll try to contact this people and see what they say.

AJ · 03-28-2007

That question he asked is not something he's legally allowed to ask in an interview. You can hire someone and then they have to prove citizenship on the I9. Good luck - I hope you nail the bastard.

*sorry, this is Jana, didn't realize AJ was logged in yet*

longemoco · 03-28-2007

yeah i just found this info, and we called them but they are closed so she will call them tomorrow, but yeah we even have a voicemail of him telling her to show up tomorrow with the birth certificate (because he doesnt believe her)

CITIZENSHIP AND UNDOCUMENTED WORKERS

"If I am an undocumented worker, am I protected from discrimination?"

Yes. The Minnesota Human Rights Act protects the rights of all people in Minnesota, whether or not they have documents proving they are eligible to work in the U.S.

If you are an undocumented worker, the department will investigate your charge of discrimination as it would any charge. And if we find probable cause to believe your employer violated the Human Rights Act, we may obtain a settlement on your behalf.

"Should an employer ask if a person applying for a job is a U.S. citizen?"

This is not a job-related question unless the job involved requires citizenship because of a state or federal law. An employer has a right, however, to ask if a job applicant is legally eligible to work in the United States.

sleepy2lazy · 03-28-2007

I hope you nail him. That place is no good to work for if the managers are unethical like that.

SLOW_V · 03-28-2007

Maybe you misunderstood him. When you get hired you will need to provide two accepted forms of IDs stated on the I-9. Maybe he is making sure she bring one of the forms. If he is truely disciminating he would of not hired her.

longemoco · 03-28-2007

Quote:

Originally Posted by SLOW_V

Maybe you misunderstood him. When you get hired you will need to provide two accepted forms of IDs stated on the I-9. Maybe he is making sure she bring one of the forms. If he is truely disciminating he would of not hired her.

Yes which is the SS card and the ID card, but my main concern is that he asked if she was citizen, she is white-asian but she has my last name now.

rst95eclipse · 03-28-2007

He cannot ask any questions that would classify as discrimination; such as if she has any injuries (impairments), origin, religion, race, citizenship, or the like. EEO Legislation will help you in this case. However, I wouldn't be suprised if he would explain the questioning of the documents as a "friendly reminder."

Not that I'm taking his side, but does it matter if she is a citizen, has the documents, and will get the job upon showing the documents? I don't think it would be discrimination, unless he asked the question and denied her of the job entirely. But I'm not a lawyer.

x-pride · 03-29-2007

I would not work at a place like that if you and the manager did not click from the beginning. She should proceed with caution.

AJ · 03-29-2007

Quote:

Originally Posted by x-pride

I would not work at a place like that if you and the manager did not click from the beginning. She should proceed with caution.

I agree, just move past it, it will create more stress than needed.

tpunx99GSX · 03-29-2007

Actually i think now they can legally deny employment of undocumented workers.
Boeing (i believe it was) has a similar clause, they will not allow ANYONE to work for or do work at their company that is not a legal citizen. One of our service engineers had to bring her birth certificate to an on site warrenty repair. And one of our Sales managers is currently working on getting his citizenship and was not allowed on the property.
Unfortunatly now days, All things not white are the new Blacks.

x-pride · 03-29-2007

I don't think you have to be a US citizen to get hired. If you have a work visa or a green card that should be sufficent.

tpunx99GSX · 03-29-2007

Also, Almost every job application you fill out asks if you are a us citizen or have a work permit.

mdost03 · 03-29-2007

Quote:

Originally Posted by SLOW_V

Maybe you misunderstood him. When you get hired you will need to provide two accepted forms of IDs stated on the I-9. Maybe he is making sure she bring one of the forms. If he is truely disciminating he would of not hired her.

That's what I think also. I remember about a year ago I was getting hired for a job and they required I bring in a copy of my birth certificate (notarized copy), SS card, and License.

**JET** · 03-29-2007

Asking if you are a citizen is one of the few things they can ask, of a personal nature. I think it may have been a misunderstanding also.