A aforetime undocumented immigrant, whose appliance to assignment as a California bastille bouncer was abominably denied because he appear he had already acclimated a apocryphal Social Security cardinal to get a job, can seek amercement for affecting distress, a accompaniment appeals cloister erfingers Wednesday.
Victor Guerrero had won an beforehand cardinal from a federal judge, who said accompaniment bastille admiral had discriminated adjoin him based on his civic agent by appliance his acknowledgment to disqualify him. Afterwards a nonjury balloon in 2016, U.S. District Adjudicator William Alsup of San Francisco awarded Guerrero $140,000 in absent pay and $1.4 actor in attorneys’ fees and costs.
He additionally ordered the accompaniment to amend Guerrero’s job application. He was accustomed and has formed as a bouncer at a Central Valley bastille for 2½ years, his advocate said.
Guerrero additionally approved amercement beneath California law for the affecting abuse acquired by the bounce of his application, a affirmation Alsup could not consider. He filed a abstracted clothing in San Francisco Superior Court, but Adjudicator Curtis Karnow absolved it, adage it bifold Guerrero’s federal case and he was not advantaged to seek added damages. The First District Cloister of Appeal in San Francisco disagreed Wednesday and reinstated the suit.
When addition with a affliction adjoin the accompaniment sues in federal court, the Constitution bouncer the accompaniment from amercement based on violations of its own laws, Justice Jon Streeter said in the 3-0 ruling. Guerrero’s Superior Cloister clothing did not alike his federal cloister suit, and he “is chargeless to accompany his accompaniment claims for amercement in Superior Court,” Streeter said.
Guerrero was brought to the United States from Mexico by his parents in 1990 at age 11. Needing a job at age 15 to advice pay the family’s bills, he was taken to a account that provided affected Social Security numbers. He did not apperceive for several years that the cardinal was apocryphal and that he was undocumented, said advocate Christopher Ho of the nonprofit Acknowledged Aid at Work, which represents Guerrero. He connected to use the affected cardinal until 2007, back he was a acknowledged aborigine and acquired a accepted Social Security number.
Guerrero became a U.S. aborigine in 2011 and again activated to assignment for the accompaniment as a bastille guard. He anesthetized the accounting and concrete exams but was erfingers afterwards saying, in acknowledgment to a catechism on the Administration of Corrections and Rehabilitation’s accepted form, that he had already acclimated a altered Social Security number.
In the balloon of Guerrero’s federal lawsuit, Alsup said the administration had discriminated adjoin Guerrero by appliance his acknowledgment to disqualify him, rather than because his all-embracing qualification. But he banned to adjustment the accompaniment to aish the catechism from its questionnaire, adage the administration had a accepted absorption in its applicants’ bluntness and acceptable judgment.
Judges accept accomplished altered abstracts on whether victims of bigotry like Guerrero can seek added damages, said Ho, Guerrero’s lawyer, and Wednesday’s cardinal provides “great advice for approaching courts.” Ho said the administration had acclimated the aforementioned acknowledgment to adios nine applicants, all of them Latino, over a aeon of several years.
Bob Egelko is a San Francisco Chronicle agents writer. Email: [email protected] Twitter: @BobEgelko
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