Where Exxon Mobil Corporation rescinded an internship offer after learning a student lacked permanent work authorization, and the student filed suit alleging discrimination against aliens, his suit was dismissed. His allegations failed to show intentional discrimination, as required to state a 42 U.S.C. § 1981 claim.
Background
Aldo De Leon Resendiz is an alien who challenges Exxon Mobil Corporation’s hiring policy as discriminatory. De Leon received deferred deportation and eligibility for temporary work authorization under the Deferred Action for Childhood Arrival program. While a student at North Carolina State University, he was recruited by ExxonMobil for an internship.
De Leon told ExxonMobil that he is not a United States citizen, but erroneously represented that he had permanent work authorization under federal law. Consistent with a company policy allowing citizens and noncitizens alike to be hired so long as they had permanent work authorization, ExxonMobil offered De Leon the internship. De Leon accepted. But, when De Leon submitted his paperwork, it showed that he lacked permanent work authorization. So — consistent with its policy — ExxonMobil rescinded its offer.
De Leon claims that ExxonMobil’s policy discriminates against aliens as prohibited by 42 U.S.C. § 1981. ExxonMobil moved to dismiss the complaint. The district court granted the motion, reasoning that ExxonMobil’s hiring policy does not exclude applicants based on alienage.
To survive a motion to...
A night in watching boxing ended with a champagne-fuelled thug raining punches on his blameless friend after falsely accusing him of spiking his drink. Robert Gibson turned violent on his pal of m...