Citizenship Discrimination In Employment

Summary

In California, employers cannot discriminate based on citizenship status, but they can require work authorization. The defense industry may have specific citizenship requirements due to federal regulations. If you face discrimination, gather evidence and contact the California Department of Fair Employment and Housing (DFEH) to file a complaint. Legal aid societies and law school clinics can provide free legal assistance. For defamation concerns, consult an attorney before posting evidence publicly.

Full Conversation

No which one I should contact first?
You should contact the California Department of Fair Employment and Housing (DFEH) first. They handle complaints regarding discrimination and can guide you on the next steps.
Have you gathered any evidence or documentation regarding these discriminatory practices?
I have job listings and job applications that ask for citizenship
In California, it is illegal for employers to discriminate based on citizenship status under the California Fair Employment and Housing Act (FEHA). Here are some steps you can take:
- Collect all job listings and applications that ask for citizenship.
- Contact the California Department of Fair Employment and Housing (DFEH) to file a complaint.
Have you collected any specific instances where your application was rejected due to your citizenship status?
For some, they don’t give the reason for rejection, but they shouldn’t ask my citizenship in the first place, right?
You're right; employers should not ask for citizenship status but can ask for work authorization. Here's what you can do:
- Collect job listings and applications asking for citizenship.
- Document any rejections.
- File a complaint with the California Department of Fair Employment and Housing (DFEH).
Would you like more information on how to proceed with filing a complaint?
Yes
Here's how you can proceed:
- Visit the California Department of Fair Employment and Housing (DFEH) website and file a complaint online.
- Ensure you have all documentation ready, including job listings, applications, and any communication regarding rejections.
Would you like help with the complaint process or more information on your rights?
Yes please
Here’s how to proceed with filing your complaint:
- Visit the DFEH website: You can file your complaint online.
- Documentation: Have job listings, applications, and communications about rejections ready.
Would you like step-by-step assistance with the complaint process?
Yes please
Sure, here’s a step-by-step guide to filing a complaint with the California Department of Fair Employment and Housing (DFEH):
*. Visit the DFEH Website: Go to the DFEH's official website.
*. Create an Account: Register or log in if you already have an account.
*. Fill Out the Complaint Form: Select the type of complaint (employment discrimination) and fill out the form with details about the discrimination.
*. Upload Documentation: Attach the collected job listings, applications, and any communications regarding your rejections.
*. Submit the Complaint: Review and submit your complaint.
Would you like detailed help with any of these steps?
No,is it important if the company is in defense industry? Or what are the exceptions? How can I overcome it?
In the defense industry, companies may have specific requirements due to federal regulations:
- They can require U.S. citizenship due to national security concerns.
- Exceptions are allowed under the Immigration and Nationality Act for security-sensitive positions.
To overcome this:
- Ensure you meet work authorization requirements.
- Look for positions not restricted by citizenship.
Would you like more information on exceptions or specific positions?
Yes I am interested in engineering jobs specifically
In the defense industry, certain engineering positions may require U.S. citizenship due to national security concerns. Here are some key points:
- Federal Regulations: Companies can require U.S. citizenship for security-sensitive positions.
- Exceptions: Allowed under the Immigration and Nationality Act for specific roles.
Would you like guidance on identifying positions that do not have these restrictions?
Yes please
To identify engineering positions in the defense industry that do not require U.S. citizenship:
- Job Listings: Carefully read job descriptions to see if citizenship is a requirement.
- Contact Employers: Reach out to HR departments for clarification.
- Networking: Connect with professionals in the industry for insights.
Would you like more tips on navigating job applications or specific resources for international engineers?
Yes how can I be sure that they are not giving false info ?
You can verify the information provided by:
- Checking the official websites of relevant authorities like the California Department of Fair Employment and Housing (DFEH).
- Consulting an employment attorney for legal advice.
- Contacting professional organizations or networking groups in your field.
Would you like assistance finding an employment attorney?
Yes I want employment attorney
To find an employment attorney in California who specializes in discrimination cases, you can start by contacting the California State Bar Association. They can provide referrals to qualified attorneys.
Would you like more detailed instructions on how to find an attorney, or any other assistance with your situation?
I need free consultation
You can seek free legal consultation through various resources:
- Legal Aid Societies: They offer free legal advice and assistance to low-income individuals.
- Law School Clinics: Many law schools have clinics where law students, supervised by attorneys, provide legal help.
- California State Bar: They can refer you to pro bono attorneys.
Would you like more information on any of these options?
Can companies in defense industry ask for citizenship pre-offer?
Yes, companies in the defense industry can ask for citizenship pre-offer due to federal regulations related to national security. This is allowed under the Immigration and Nationality Act for security-sensitive positions.
Would you like more information on how to navigate these requirements or how to find positions that might be less restrictive?
No I want them to lift up this rule, it’s discriminatory.
In the defense industry, citizenship requirements for certain positions are mandated by federal laws for national security reasons. Unfortunately, challenging these rules directly often requires significant legal assistance and advocacy.
You can:
- Consult with an employment attorney specializing in discrimination and immigration law.
- Reach out to advocacy groups that work on immigration and employment issues.
Would you like help finding specific advocacy groups or more details on legal assistance?
For other jobs, what will be the typical response of DFEH?
The Department of Fair Employment and Housing (DFEH) typically responds to complaints of discrimination by:
- Investigating the complaint to determine if there is evidence of discrimination.
- Attempting to resolve the complaint through mediation or settlement.
- Pursuing legal action if a resolution cannot be reached.
Would you like help with filing a complaint or have more questions about the process?
Any financial compensation?
Yes, if the Department of Fair Employment and Housing (DFEH) finds that you were discriminated against, you may be entitled to financial compensation. This can include back pay, front pay, and damages for emotional distress.
Would you like more information on what types of compensation you might be eligible for?
?
Publicly shaming a company on LinkedIn can have legal repercussions, including defamation claims. It’s better to pursue legal avenues for your complaint.
For compensation types:
- Back Pay: Wages lost due to discrimination.
- Front Pay: Future lost earnings.
- Emotional Distress: Compensation for mental suffering.
Would you like more information on these compensation types or help with your complaint?
Yes defamation is what I want to do, I am not making false claims
Defamation, even if your claims are true, can be complex. Here’s what you need to consider:
- Truth is a defense to defamation, but you must have solid evidence.
- Defamation can result in counterclaims against you.
Would you like more information on how to proceed legally, or on alternatives to defamation?
If I present evidence in LinkedIn post, is it ok?
In general, posting evidence on LinkedIn can be risky and might expose you to potential defamation claims, even if your claims are true. It's usually safer to pursue legal avenues.
Would you like more information on legal options or contact details for legal aid?
Legal aid please
It's best to avoid posting any evidence publicly, as it can lead to complications. Instead, focus on legal channels. Here’s what you can do:
- Consult with an Employment Attorney: For guidance on presenting evidence and pursuing your claim.
- Contact the California State Bar Association: They can refer you to pro bono attorneys.
Would you like more details on finding a pro bono attorney?
I don’t have money, I am in job search
Since you are seeking free legal assistance and are in California, here are some options:
- Legal Aid Societies: They offer free legal services to those who cannot afford them.
- Law School Clinics: Law schools often provide free legal help through their clinics.
- California State Bar Association: They can refer you to pro bono attorneys.
Would you like more information on any of these options?
Legal aid societies
Here are some Legal Aid Societies in California that offer free legal assistance:

Legal Aid Foundation of Los Angeles (LAFLA)


Phone: (*) *-*
Website: www.lafla.org

Legal Aid Society of San Diego


Phone: (*) *-*
Website: www.lassd.org

Would you like more information on any of these resources, or help with another question?
I will check these out, thanks for now
You're welcome! If you need any further legal assistance or have more questions in the future, feel free to reach out. Good luck with your job search and addressing the issue. Take care!