A DACA recipient’s hiring discrimination case against Procter & Gamble Co. could be the first to test whether a post-Civil War law prohibits bias based on immigration status. The case is one of at least seven lawsuits filed since the Deferred Action for Childhood Arrivals program was implemented in 2012.
The Arguments: The company contends that Section 1981 of the Civil Rights Act of 1866 prohibits alienage or citizenship discrimination, not bias based on work authorization or immigration status. Immigration advocates say that immigration-status with work authorization should fall within the scope of alienage bias.
Dueling Statutes: Employers already have ...