BofA Job in Phoenix

BofA Job in Phoenix - Part 2

Date: Sunday, May 18, 2003 4:52 PM

JOB DESTRUCTION NEWSLETTER

www.ZaZona.com

Gina Minks contacted the BofA concerning their job ad. She got results
as you can see by reading her correspondence below. They changed the ad
so that it doesn't say non-US citizens. Of course that doesn't mean
they will change their behavior, just their ad.

Janice K took a different approach by asking our government if this
type of activity is legal. The answer seems to be no, Enforcement is
the problem, and for that we need legal help. Janice asked if we know a
pro bono lawyer that would take up this cause.

Lawyers, like programmers don't usually work for free. It's very rare
to find pro-bono lawyers that will work for nothing because these cases
will cost them large amounts of money to research and take to court. We
shouldn't expect lawyers to spend their own money for cases that have
no hope of monetary return. Asking lawyers to work for free would be
just like asking programmers if they will spend their own money to buy
an expensive development system so that they can spend enormous amounts
of time to write code for free.

What we really need is somebody or some organization that can foot the
legal bills.

Here is what I wrote to BoA thru their website on May 10:

TO whom it may concern:

I am writing to inquire about a position that is being advertised on
your website.
https://careers.bankofamerica.com/job_detail.asp?JobID=112804

The position is located in Arizona, and the title appears to be NON-US
ONLY CNSLT-APPS PROG. Does this mean that you are only considering
NON-US applicants for this position?

I am sure you are aware that it is illegal to make hiring decisions in
the United States based on an applicant's national origin. There are
several IT worker's rights groups who are interested in clarification
of this particular position your company is advertising.

I hope to hear from you soon on this matter.

Sincerely,

Gina Minks

This is the reply that I received May 15:

Dear Gina Minks,

Thank you for your email and the concern expressed regarding the
appearance of the words "non-US only" in one job posting for a position
of Consultant-Applications Programming in Phoenix, Arizona. The job
posting contained an error which has been corrected. Bank of America
is an Equal Opportunity Employer and does not make hiring decisions
based on national origin or other prohibited discriminatory factors.

Sincerely,
Bank of America

I forwarded one of the job postings that Rob found (H-1Bs only need
apply) to the Department of Labor two weeks ago and received this reply
today. Perhaps members of the Programmer's Guild and other
organizations would like to report this kind of activity to the Federal
agencies to start a very inexpensive series of legal actions against
the culprits. Bombarding the feds with actions to investigate might
prove interesting.

--Janice K

Do we have access to a pro-bono labor attorney? It would be great to
have a labor attorney's advice on actions that can be taken.

Dear Ms. K:

This is in response to your electronic correspondence dated May 1,
2003, to the Office of Federal Contract Compliance Programs (OFCCP).
In your correspondence, you attached a job-vacancy announcement which
you believe clearly indicates discrimination against qualified U.S.
citizens and green-card holders.

OFCCP administers and enforces three equal employment opportunity laws:
Executive Order 11246, as amended (EO); Section 503 of the
Rehabilitation Act of 1973, as amended (503); and the Vietnam Era
Veterans' Readjustment Act of 1974, as amended, 38 U.S.C. 4212
(VEVRAA). These laws prohibit Federal contractors and subcontractors
from discriminating on the bases of race, color, religion, sex,
national origin, disability, and veteran status. They also require
affirmative action in employment by Federal contractors and
subcontractors.

OFCCP does not have jurisdiction over complaints such as yours.
However, we have contacted the Division of Foreign Labor Certification
within the Employment Training Administration of the U.S. Department of
Labor, and received information regarding their program regulation.
This states that "complaints alleging failure to offer employment to an
equally or better qualified U.S. worker, or an employer's
misrepresentation regarding such offer(s) of employment, may be filed
with

The U.S. Department of Justice, Office of Special Counsel, 10th Street
and Constitution Avenue, NW, Washington, DC 20530." You may also
contact this office by telephone at (202) 514-2000 and ask for the
Office of Civil Rights. This and other useful information may be
obtained at www.ows.doleta.gov

We hope that we have been of assistance.

Sincerely,

HAROLD M. BUSCH
Director
Division of Program Operations

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