Scared Monkeys Discussion Forum

State Sued for Discrimination; Won’t Hire Illegal Alien Who Used Fake SS

Here’s a good one; a Mexican man who came to the U.S. illegally as a youth is suing a state agency for discrimination because it refuses to hire him for using a fake Social Security to work for nearly a decade.

It’s as if a bold and extremely confident class of illegal alien has emerged in the last few years. The case comes out of northern California and it involves a naturalized American citizen who could easily serve as the poster child for President Obama’s Deferred Action for Childhood Arrivals (DACA), a special amnesty for youths brought to the U.S. illegally “through no fault of their own.”

The man in this case, Victor Guerrero, came to the U.S. illegally from Mexico when he was 11, according to the nonprofit legal group representing him. At the age of 15 he got a job in a restaurant using someone else’s Social Security. He did that for around seven years before somehow becoming a legal U.S. resident in 2007. Unbelievably, three years later he became an American citizen.

When Guerrero applied for a job as a prison guard with the California Department of Corrections and Rehabilitation, the fake Social Security scam caught up to him. He passed all the required tests, both physical and written, and agreed to the mandatory background check. The state agency rightfully denied employment, stating that he lacked honesty, integrity and good judgment after learning about his Social Security scam.

Guerrero applied for the prison guard job a second time and again was refused the position over using a bogus Social Security to work for seven years. The State Personnel Board upheld the corrections department’s decision and this month Guerrero filed a discrimination lawsuit against both agencies in federal court. In his laughable complaint Guerrero claims that the policy excluding criminals from being hired violates fair employment laws and unfairly hurts Latino job applicants.

(snip)

The complaint by 34-year-old Victor Guerrero says Question No. 75 on the state’s correctional-officer job questionnaire unfairly targets Latinos by asking applicants if they have ever used a different Social Security number.

In 2011 and again this year, Guerrero answered “yes.”

Guerrero’s parents brought him across the border in 1991 when he was 11. At 15,, he was given a Social Security number for work, according to his lawsuit, but didn’t know he was undocumented and that the number wasn’t his. He found out two years later, but kept using the number, in one instance to file a workers’ compensation claim.

Guerrero paid taxes with an Individual Taxpayer Identification Number issued by the Internal Revenue Service until becoming a legal permanent resident and receiving his own Social Security number, his lawsuit says. He became a U.S. citizen in 2010.