Civil Justice Center - Washington & Ernster, LLC

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During the fiscal year of 2006 there were over 8,000 national origin discrimination claims filed with the EEOC.

 

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Civil Justice Center

National Origin Discrimination

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Employment discrimination laws have been enacted to protect against National Origin Discrimination in the United States. One such law is under Title VII of the Civil Rights Act of 1964, which protects individuals from being descriminated against on the basis of their ancestry or nationality.

What is National Origin Discrimination?

National origin discrimination occurs when an employer treats an employee or job applicant less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.

Forms of National Origin Discrimination

Under Title VII of the Civil Rights Act of 1964, it is illegal to discriminate in any aspect of employment, including:

  • hiring and firing;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall;
  • job advertisements;
  • recruitment;
  • testing;
  • use of company facilities;
  • training and apprenticeship programs;
  • fringe benefits;
  • pay, retirement plans, and disability leave; or
  • other terms and conditions of employment.

Special Considerations

The following is a brief list of special considerations relating to national origin discrimination.

  • Harassment / Hostile Work Environment - You are protected against offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin.
  • Language - An employer may not base a decision on an employee's foreign accent unless the accent materially interferes with job performance.
  • English Fluency - A fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.
  • English-Only Rules - English-only rules must be adopted for nondiscriminatory reasons. An English-only rule may be used if it is needed to promote the safe or efficient operation of the employer's business.

Are you a Foreign National?

Employment discrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.

Do I Have an National Origin Discrimination Lawsuit?

If you feel that you have been discriminated against because of your national origin, WE can help. Our law firm’s employment discrimination attorneys are an experienced team of trial lawyers that represent our clients in national origin discrimination lawsuits. We are a small yet powerful boutique type law firm with the resources available to represent you in your time of need.

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National Origin Discrimination Resources

EEOC Employment Discrimination Charge Statistics

National Origin Discrimination News (National)

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