The Fourth Circuit Court of Appeals upheld the dismissal of a lawsuit filed by a DACA intern who was offered an internship at Exxon Mobil. The intern claimed that Exxon Mobil withdrew the internship offer because they were a recipient of Deferred Action for Childhood Arrivals (DACA), a program that protects certain undocumented immigrants from deportation. However, the court ruled that the individual did not provide enough evidence to show that Exxon Mobil’s policy was intentionally discriminatory.

The court explained that while the policy may prevent noncitizens from working, it does not necessarily discriminate based on immigration status. The court also mentioned that the intern’s argument of discrimination based on a Supreme Court decision called Bostock v. Clayton County was flawed because the intern did not claim to be “materially identical” to another employee who was treated differently. Therefore, the court concluded that there was no evidence that Exxon Mobil intentionally discriminated against the intern because of the individual’s citizenship status.

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