Aldo De Leon Resendiz v. Exxon Mobil Corporation, No. 21-2211 (4th Cir. 2023)
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Petitioner is an alien who challenges Exxon Mobil Corporation’s hiring policy as discriminatory. Petitioner 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, Petitioner was recruited by ExxonMobil for an internship. Petitioner told ExxonMobil that he is not a United States citizen, but erroneously represented that he had permanent work authorization under federal law. Petitioner was hired on this basis. However, when he presented his paperwork, it showed he lacked permanent work authorization, and ExxonMobil rescinded its offer.
Petitioner claims that ExxonMobil’s policy discriminates against aliens as prohibited by 42 U.S.C. Sec. 1981. ExxonMobil filed a motion to dismiss, which the district court granted.
The Fourth Circuit affirmed. Section 1981 only protects against intentional discrimination, and Petitioner failed to allege that ExxonMobil intentionally discriminates against aliens. While ExxonMobil’s policy requiring that applicants have permanent work authorization will
only exclude aliens, discriminatory impact is not enough. And, given ExxonMobil’s policy, Petitioner did not plausibly allege that ExxonMobil intended to discriminate against aliens.
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