Discrimination Based on National Origin

According to Title VII of the Civil Rights Act of 1964, employers may not discriminate against employees who are part of a protected characteristic. This includes treating employees unfairly or engaging in discriminatory behavior because of the employee’s national origin. Unfortunately, despite the federal and state laws that are in place to protect employees’ legal and employment rights, employees continue to experience discrimination based on the country or part of the world they are from. This type of discrimination can impact every phase of employment, from recruitment and hiring to promotions and terminations.

If you or someone you know has been discriminated against in the workplace because of your nation of origin, you may be entitled to financial compensation. A highly skilled discrimination lawyer will discuss the details of your case, ensure that your legal rights are protected, and negotiate a fair settlement.

What Is National Origin Discrimination?

Employees are legally prohibited from discriminating against employees in any employment-related matter, including recruiting, hiring, promotions, compensation, benefits, layoffs, and terminations due to an employee’s “nation of origin.” This type of discrimination involves treating employees unfairly due to the country they are from, their accent, hairstyle, or clothing. It is illegal for employers to discriminate against current or potential employees for the following reasons:

• An employee displays physical, cultural, or linguistic characteristics of a particular ethnic group.
• An employee has a strong accent that would have no impact on their ability to successfully perform their job responsibilities.
• An employee attends a church, temple, or mosque that is associated with a nationality or ethnicity.
• An employee belongs to, or is perceived to be part of, a particular ethnicity or nationality.
• An employee has a surname that is associated with a certain ethnicity or culture.
• An employee is married to a person of a certain nationality or ethnicity.

What Are Examples of National Origin Discrimination?

Any time an employer engages in discriminatory behavior or takes negative action against you due to your ethnicity or nationality, this is considered national origin discrimination. Examples of national origin discrimination include the following:

• Refusing to hire you because of your nationality, despite having comparable experience and qualifications as other applicants
• Denying a promotion or salary increase because of your nationality or ethnicity
• Terminating your employment or suspending you because of your nationality
• Denying benefits that are guaranteed to all employees
• Making derogatory comments about your ethnicity
• Punishing you more severely than other employees

What Are the Legal Protections Against National Origin Discrimination?

If you have experienced discriminatory behavior in the workplace due to your nation of origin, there are federal and state laws in place that protect your legal rights. An experienced discrimination lawyer will discuss the nature of the discrimination, determine if your rights have been violated, and recommend the best legal course of action. The following are examples of the laws that offer protection against national origin discrimination in the workplace:

• Title VII of the Civil Rights Act of 1964. This is the most important federal law that protects individuals who have been discriminated against because of a protected characteristic, including national origin. It requires all employers to enact neutral policies in the workplace, ensure that all employees have equal opportunities, and offer options for legal recourse for employees who have been wrongfully discriminated against. Title VII protects against “disparate treatment” and “disparate impact.”

  – Disparate treatment based on national origin includes discriminatory actions in all aspects of employment. For example, an employer may not deny your promotion due to your accent, unless it legitimately interferes with your ability to effectively communicate with others. Harassment based on national origin is another example of disparate treatment that is prohibited. This is behavior that is frequent and severe enough that it creates a hostile work environment. For example, if your employer makes extremely offensive comments about Africans, and you are from Nigeria, this would likely be considered harassment.

  – Disparate impact occurs when a seemingly neutral policy or practice disproportionately harms a particular group of employees. An example of disparate impact is enforcing a policy that prohibits restaurant servers from wearing hijabs, turbans, or other head coverings. The restaurant would need to demonstrate that the rule is job-related and based on a legitimate business need.

• Immigration Reform and Control Act of 1986 (IRCA). This federal law prohibits employers from discriminating against employees based on their citizenship or immigration status.
• New Jersey Law Against Discrimination (NJLAD). This is a state law that protects New Jersey employees who have been discriminated against due to their national origin, color, race, nationality, ancestry, atypical hereditary cellular or blood trait, or genetic information.
• New Jersey Labor Code, Chapter 21. This is another state law that prohibits employment discrimination based on national origin, as well as other protected characteristics. It also applies to every aspect of employment, including working conditions.
• New Jersey Commission on Human Rights Act. This provides employees with additional protections against discrimination in employment, housing, and public accommodations and provides a process for employees who wish to file a national origin discrimination complaint.

What Steps Should I Take if I Have Experienced National Origin Discrimination?

If you have experienced discrimination based on your national origin or ethnicity, this can have serious consequences on your career, your financial stability, and your physical and mental health. Fortunately, there are proactive steps you can take to ensure that your legal rights are protected and that you recover the damages to which you are entitled, including the following:

• Collect evidence. Keep detailed records of the discriminatory behavior, including dates, times, and locations, as well as the individuals involved. If there were witnesses who observed the behavior firsthand, ask if they would be willing to provide a statement.

• Review company policies. Obtain a copy of your company’s policies on discrimination, harassment, and reporting procedures. This will help you determine whether your legal or employment rights have been violated and what your next steps should be.
• File a complaint internally. Submit a written complaint to your supervisor, Human Resources professional, or the appropriate person, providing a detailed account of the national origin discrimination you have experienced. Maintain copies of all communications related to your complaint.
• Contact a discrimination lawyer. An experienced discrimination lawyer will address all of your questions and concerns related to your complaint, recommend the best legal course of action, and assist you with every step of the complaint process. A dedicated lawyer will ensure that your legal rights are protected and that you recover the maximum damages you are entitled to receive.
• Contact the Equal Employment Opportunity Commission (EEOC). If you are not satisfied with the way that your employer addressed the situation, or there is no official complaint process, you may want to consider filing a complaint with the EEOC. The agency will conduct an investigation and either resolve it through mediation or proceed to litigation if necessary.
• Seek support. National origin discrimination can take a serious toll on your mental health. It is recommended that you reach out to family members, friends, or professional networks who can provide the emotional support you need as you navigate this process.

How Will a Discrimination Lawyer Help Me With My Case?

While it may be tempting to pursue a discrimination complaint on your own, these cases can be complicated to prove. There are several benefits to working with a highly skilled discrimination lawyer, including the following:

• A discrimination lawyer has a thorough understanding of the federal and state anti-discrimination laws, including Title VII and the New Jersey Labor Code.

• A dedicated discrimination lawyer will evaluate the merits of your case, determine whether your employee rights were violated, and assist you with the process of filing an official complaint.
• A discrimination lawyer will collect evidence, interview witnesses, obtain relevant documents, and develop a persuasive argument. In addition, they will ensure that your claim is filed well before the “statute of limitations” expires. When filing a claim with the EEOC, your claim must be filed within 180 days of the discriminatory act. Claims brought under the NJLAD must be filed within two years of the alleged discriminatory act.
• A discrimination lawyer will communicate with your employer on your behalf and negotiate a fair settlement that compensates you for your losses.
• If necessary, a discrimination lawyer will litigate your case in court and ensure that your interests are protected throughout the legal process.
• Working with an experienced discrimination lawyer increases the likelihood of a favorable outcome, including financial compensation.

Our Experienced Cherry Hill Discrimination Lawyers at The Gold Law Firm P.C. Represent Victims of National Origin Discrimination in the Workplace

If you have been discriminated against in the workplace due to your nation of origin or ethnicity, do not hesitate to contact our Cherry Hill discrimination lawyers at The Gold Law Firm P.C. We will determine whether your legal rights have been violated, assist you with filing an official complaint, and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey, and Philadelphia, Pennsylvania, we proudly serve clients in the surrounding areas.