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On the Way Out

Question: The rainy spring caused your lettuce harvest to be less abundant than usual. You need fewer farm workers than you hired for the season. In deciding between Héctor Fernández and José González, you keep Héctor because he is a legal permanent resident and José, an asylee, only has a temporary work permit. Have you committed citizenship status discrimination?  

Answer: Yes. This is definitely citizenship status discrimination. You cannot fire a protected individual under INA because he/she has a temporary work permit as opposed to legal permanent residency. A protected individual is a U.S. citizen, national, permanent resident, temporary resident, refugee, or an asylee. In any event, your firing decision cannot be based on this factor. Otherwise, your actions will be considered discriminatory by Office of Special Counsel.

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