Former illegal with prior fake social security number sues over job rejections

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A California man who lived in the United States for years as an illegal immigrant and worked using a fake Social Security number is suing the state because it won’t hire him as a correctional officer.

Victor Guerrero, 34, of Stockton, filed his lawsuit in U.S. District Court in San Francisco through his attorneys, the Legal Aid Society – Employment Law Center, after California Department of Corrections and Rehabilitation after it twice rejected his application to become a corrections officer due to his previous illegal activity, according to The Daily Caller.

Guerrero’s lawyers claim that he came to the United States with his parents at age 11, illegally obtained his false Social Security number when he was 15 but didn’t realize it was fake until two years later.

The Daily Caller reported:

The law firm further claims that upon learning his SSN was fake, Guerrero obtained a individual tax identification number to pay his taxes and stopped using the fake SSN when he finally obtained his own real one. Prior to his legalization, Guerrero worked in a variety of service industry jobs.

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In 2011, Guerrero applied for a job as a corrections officer, and while he passed the applicable tests, he admitted on the application that he had used a fake SSN in the past. The CDCR rejected his application, according to the LAS-ELC, as he “lack[ed] honesty, integrity, and good judgment.” Guerrero was rejected again in 2013 for the same reason.

Guerrero and his lawyers now claim he’s being discriminated against because of he’s Hispanic, according to The Caller.

“Those who are legally authorized to work should be able to do so regardless of their race, accent, or the country they come from,” Guerrero said in a statement provided by the law firm.

“As greater numbers of formerly undocumented individuals obtain legal authorization to work, it is imperative that they not be kept from doing so by employers who aim to weed them out because of their ethnic or national origin,” Guerrero’s attorney Marsha Chien, said in a statement. ”If discrimination like this is allowed to stand, millions of hard working people who are legally allowed to work in the U.S. will be left without the means to support themselves and contribute to our economy.”

It doesn’t appear that the state denied employment because of Guerrero’s ethnicity but rather for working in the country illegally for a number of years

The California Department of Corrections and Rehabilitation declined comment when asked by The Daily Caller because “this matter is in litigation.”

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