LOS ANGELES – On May 3, 2018, MALDEF (Mexican American Legal Defense and Educational Fund) filed a lawsuit, on behalf of an individual job applicant work-authorized through DACA (Deferred Action for Childhood Arrivals), which alleged that the plaintiff was denied the opportunity to compete for an employment position at Bank of America because he is a DACA holder. The action was filed as a potential class action on behalf of other work-authorized DACA recipients who may have been denied employment at Bank of America.
Since the lawsuit was filed, Bank of America has demonstrated to MALDEF attorneys that company employment policies do not prohibit the hiring of work-authorized DACA recipients. Indeed, Bank of America welcomes employment applications from anyone who has work authorization, and the company has employed and continues to employ DACA holders. In light of these developments, the plaintiff’s individual lawsuit has been resolved to the satisfaction of both parties. The parties have also agreed to dismiss without prejudice the class action matter so that the settlement does not affect the rights of any other persons.