How is NEER helping clients?

The following are true stories of workers who have been helped by NEER and OSC when faced with immigration-related unfair employment practices. Names of workers and employers have been changed for reasons of confidentiality.

Harold Manneh obtained employment, through a temp agency, as a security guard with a university in Philadelphia. His supervisor at the university was impressed with his attitude and recommended that Mr. Manneh apply for a permanent position with campus security. Mr. Manneh applied for a position and waited. After not hearing about the stutus of his application, he checked with the supervisor, who inquired and learned that they were not considering his application because they preferred US Citizens for security positions.

Harold contacted NEER. NEER staff contacted the Human Resource Office and explained that this is Citizenship Status Discrimination. Unless the position is for the US government or a contractor where federal regulations require that workers be US Citizens, employers are not allowed to make this requirement. After speaking with NEER staff, the employer hired Mr. Manneh.

My Thi Nguyen was hired as a Nursing Assistant at Peaceful Valley Senior Home. Her documents were accepted at the time of hire, but three weeks later she was called by the Human Resources Director, because the Employment Authorization Document that she had provided was expired. She offered them an unexpired Driver's License and an unrestricted Social Security Card, but they told her that they would need to let her go if she could not provide a document from DHS, because they were concerned that she was no longer eligible for employment.

Ms. Nguyen was directed to NEER. NEER staff wrote a letter to the Human Resource Director explaining that Ms. Nguyen was legal to work and that the documents she had provided were acceptable List B and List C documents on the I-9 form. He directed them to the instructions on the I-9 handbook that explained that refusal to accept legal documents was a violation of anti-discrimination provisions of the Immigration Reform and Control Act. Upon reciept of this letter, the human resource office contact Ms. Nguyen to say she could continue working.

Thomas Sheriff applied with Hoffman Home Care, a home care referral agency, to be on their list of home care assistants. He was told that he needed to renew his EAD card in order for him to be referred to clients, despite the fact that he was able to provide other legal documents for employment. Mr. Sheriff went to a resettlement agency to renew his EAD (at a cost of $340), and was referred to NEER.

NEER staff contacted the agency and explained that, as an agency that provides employment referrals for a fee, they were required, as were employers, to accept whichever documents the worker chose to give, as long as they were acceptable according to the I-9. Hoffman Home Care's attorney argued that the agency could choose which documents they wanted to accept, because they were not the employer, but rather a referral agency. A staff attorney from the Office of Special Counsel was contacted and he explained the law to Hoffman's attorney. Hoffman has now agreed to provide referrals, and Mr. Sheriff is working.