REPORT: DACA recipient sues major bank for discrimination

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Charlotte-based Bank of America Corp. (NYSE:BAC) is being sued in federal court by a 27-year-old Brazilian man who says the bank wrongly discriminated against him when it refused to consider him for hire because of his non-citizen status.

Daniel Marques, who resides in New Jersey, was granted authorization to work in the U.S. under Deferred Action for Childhood Arrivals, a permitted status that can be renewed every two years. DACA also allows individuals brought to the U.S. illegally as children to qualify for a period of deferred action from deportation.

After applying for a position within BofA’s wealth-management division, Merrill Lynch, Marques was told about a month later that his application was disqualified because of his lack of citizenship, according to the lawsuit filed.

The report also stated:

The lawsuit states Marques participated in a telephone interview, during which a recruiter informed him that his DACA status disqualified him for the position based on its limitations. After multiple emails, the recruiter referred Marques’ case to a manager and operations manager, who allegedly handed down the same conclusion. Marques says he then received no response to his further inquiries.

On behalf of Marques, the Mexican American Legal Defense and Educational Fund filed a class-action lawsuit Thursday with the U.S. District Court for the Western District of North Carolina, Charlotte Division. The claim states MALDEF and Marques are suing due to BofA’s “facially discriminatory policy and/or practice that discriminates on the basis of alienage.”

“Bank of America’s conduct has caused, and continues to cause, Plaintiff Marques and Class members substantial losses in earnings and other work benefits,” the lawsuit reads.

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