Reyes-Gaona v. North Carolina Growers' Assn.: Supreme Court Refuses to Hear Foreign National's Age Discrimination Appeal

IMMIGRANTS & EMPLOYMENT

Immigrants' Employment Rights and Remedies

REYES-GAONA V. NORTH CAROLINA GROWERS' ASSN.: SUPREME COURT REFUSES TO HEAR AGE DISCRIMINATION APPEAL BY FOREIGN NATIONAL
Immigrants' Rights Update, Vol. 15, No. 7, Nov. 16, 2001

The U.S. Supreme Court has denied the petition for writ of certiorari by a Mexican national who was discriminated against by the North Carolina Growers' Association (NCGA) because he was over forty years old when he applied to perform agricultural work in North Carolina. In his petition to the Supreme Court, Mr. Reyes-Gaona appealed the Fourth Circuit Court of Appeals' decision that the Age Discrimination in Employment Act of 1967 (ADEA) does not protect non-U.S. citizens who are discriminated against in a foreign country by a U.S. employer. The Fourth Circuit's decision noted that Reyes-Gaona was not authorized to work in the United States at the time he was discriminated against. (See "Foreign Nationals Not Protected Against Age Discrimination Outside U.S.," Immigrants' Rights Update, June 29, 2001, p. 13).

Reyes-Gaona v. North Carolina Growers' Assn., et al., 01-342, cert. denied, 2001 U.S. LEXIS 10008 (Oct. 29, 2001).