National Origin Discrimination
Discrimination Based on National Origin
Whether an employee or job applicantʹs ancestry is Mexican, Ukrainian, Filipino, Arab, American Indian, or any other nationality, he or she is entitled to the same employment opportunities as anyone else. EEOC enforces the federal prohibition against national origin discrimination in employment under Title VII of the Civil Rights Act of 1964, which covers employers with fifteen or more employees. At the Law Offices of Archibald J. Thomas, III, P.A. our lawyers have handled national origin discrimination cases for over 25 years. We are experienced in representing employees of Hispanic, Asian, and Middle Eastern origin as well as other individuals of various nationalities and ethnic, religious or cultural backgrounds. Many employees are not aware that national origin discrimination claims are not limited to employees that are born in countries other than the United States. Employees of foreign backgrounds or ancestry can be covered under the laws prohibiting national origin discrimination even if they are born in the United States and are United States Citizens. Call our office at 904-396-2322 if you have any questions regarding your rights under the laws prohibiting national origin discrimination and would like to consult with one of our lawyers.
About National Origin Discrimination
It is unlawful to discriminate against any employee or applicant because of the individualʹs national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, linguistic characteristics common to a specific ethnic group, or accent. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group. Examples of violations covered under Title VII include:
- Employment Decisions Title VII prohibits any employment decision, including recruitment, hiring, and firing or layoffs, based on national origin.
- Harassment Title VII prohibits offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
- Language Accent discrimination An employer may not base a decision on an employeeʹs 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 employerʹs business.
- Coverage of foreign nationals Title VII and the other antidiscrimination 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. The Immigration Reform and Control Act of 1986 (IRCA) requires employers to prove all employees hired after November 6, 1986, are legally authorized to work in the United States. IRCA also prohibits discrimination based on national origin or citizenship.
As with other types of discrimination, a claim may be brought under federal or state law. However, there are significant differences between state and federal law that may limit the claim subsequent to the filing of the administrative complaint with the EEOC or Florida Commission on Human Relations. To discuss these issues in more detail and to learn about the rights and remedies you may have under the laws prohibiting discrimination on the basis of national origin, please contact us a info@job-rights.com to schedule an appointment with one of our lawyers.
