Meta Ruling Gives US Citizens Path to Sue for Alleged H-1B Abuse
A federal appeals court ruling allows US citizens to sue Meta Platforms Inc. over alleged bias towards immigrant workers under Section 1981. The decision may lead to more lawsuits challenging discriminatory employment practices.
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A recent federal appeals court ruling against Meta Platforms Inc., the parent company of Facebook, has created a potential pathway for US citizens to sue over alleged preference for immigrant workers. The ruling by a divided three-judge panel of the US Court of Appeals for the Ninth Circuit stated that US citizens have standing to bring bias cases under Section 1981 of the 1866 Civil Rights Act, which prohibits race discrimination in the making and enforcement of contracts. This decision has the potential to increase lawsuits as Section 1981 is less restrictive than Title VII and the Immigration and Nationality Act. The law, originally aimed at ensuring equal rights for Black Americans, has now been interpreted to allow US citizens to challenge alleged discriminatory practices in employment. This ruling has sparked discussions about the implications for future cases involving employment discrimination based on nationality or immigration status.
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3 commentsI highly doubt Mr. Rajaram will be able to prove that Meta prefers to hire noncitizens whom they can pay less, precisely because they pay them extremely well. Doing that sort of removes any notion that they gain anything from preferring noncitizens, who have an extra cost associated with their legal status.
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