Meta’s H-1B Hiring Spurs Ninth Circuit Look at Citizenship Bias

[ismartganesh]

Facebook parent Meta Platforms Inc.‘s alleged preference for workers on H-1B visas will come before a federal appeals court panel as the judges consider the extent of a Civil War-era civil rights law.

The US Court of Appeals for the Ninth Circuit will hear oral argument Wednesday in a legal challenge that focuses on whether US citizens are a protected class under Section 1981 of the 1866 Civil Rights Act. A federal district court dismissed the case on the ground that the act doesn’t allow for such “reverse discrimination” claims.

Lawyers for appellant Purushothaman Rajaram told the Ninth Circuit that the statutory text of Section 1981 “encompasses a broad protected class and applies to reverse discrimination.”

Meta responded in its brief that courts have consistently interpreted Section 1981 as applying narrowly to race or alien status, not US citizenship.

[Sixers]

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