Fourth Circuit Rejects Intentional Discrimination Claim By DACA Beneficiary

August 22, 2023

What's New

A company policy requiring employees to have permanent work authorization did not intentionally discriminate against a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program, a federal appeals court has ruled.

In DeLeon Resendiz v. Exxon Mobil Corp., the U.S. Court of Appeals for the Fourth Circuit held July 10 that Exxon Mobil did not intentionally discriminate against a DACA beneficiary by withdrawing its internship offer because he lacked permanent work authorization. Even if the impact of Exxon Mobil’s policy requiring permanent work authorization affected only aliens, the Fourth Circuit stressed that discriminatory impact alone was not sufficient under Section 1981 without a showing of intentional discrimination.

What It Means

Although the Fourth Circuit has reaffirmed that Section 1981 gives aliens the right to sue to enforce the prohibition on intentional discrimination based on alienage, it has also affirmed that a company policy that requires permanent work authorization regardless of citizen or alien status does not intentionally discriminate against an alien who cannot comply.

What You Should Do

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