Facts About National Origin Discrimination

Employees and job applicants deserve the same employment eligibility and opportunities. No employee should suffer from national origin harassment. Luckily, federal law protects employees from national origin discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) — an office of the federal government — bans national origin discrimination. Title VII of the Civil Rights Act of 1964 covers employers with 15 or more employees.

This article offers an overview of discrimination based on national origin. For more information, see FindLaw's complete coverage of Employment Discrimination.

Employment Discrimination on the Basis of National Origin/Ethnicity

It is unlawful to discriminate against a person's national origin. No one can miss out on equal job opportunities because of their:

• Ethnic background
• Ancestry
• Birthplace
• Culture
• Language
• Foreign accent

Employers may also not deny equal job opportunities based on the following:

• Membership or association with specific ethnic promotion groups
• Attending or participating in schools, churches, temples, or mosques
• Having a surname associated with a particular national origin
• Married to a person from a certain national origin group
• Association with people from a specific ethnic group

Employment Decisions Based on National Origin

Title VII bans any employment decision based on national origin. This may include employment practices like recruiting, hiring, or firing. Employers may not make decisions using a person's national origin as a factor.

Harassment

Title VII prohibits offensive conduct that creates a hostile work environment. The conduct can include ethnic slurs or other type of harassment. Employers must take appropriate steps to prevent and correct unlawful harassment. Likewise, employees are responsible for reporting harassment.

Language

• Accent discrimination: An employer may not base a decision on an employee's accent. An exception exists if the accent interferes with job performance.
• English fluency: A fluency rule is only allowed in certain situations. This includes if fluency is necessary for the effective performance of the position.
• English-only rules: These are only allowed for nondiscriminatory reasons. These rules are only allowed if needed to promote the safe operation of a business.

Coverage of Foreign Nationals

Title VII and anti-discrimination laws prohibit discrimination against people regardless of citizenship status. Most times, though, a person will need legal authorization to work. The Immigration Reform and Control Act of 1986, for instance, limits relief. It requires employers to prove that all employees can work under the law. IRCA also prohibits discrimination based on national origin or citizenship.

Get Legal Help with Your National Origin Discrimination Claim

Do you have more questions about national origin discrimination or the need for representation? Consider speaking with an employment law attorney. A lawyer can provide you with additional information and legal advice.