National Origin Discrimination Law at Work

Employers sometimes make hiring, firing, promotion, and pay decisions based on an employee's national origin. Discrimination on the basis of national origin is illegal under federal law, as well as under many state laws.

This issue can have a notable effect on an employee’s career, such as lost income and psychological damage. When you face discrimination at work, you may want to talk to an attorney.

What Is National Origin Discrimination?

National origin discrimination happens when someone treats someone else unfavorably because of their national origin. It differs from discrimination based on race, whether an individual is a U.S. citizen or immigration-related status.

National origin discrimination involves treating people (job applicants or employees) unfavorably because:

• They are a part of a particular national origin group or are of a specific ethnicity
• They have an accent
• They have a particular citizenship status
• They are married to a person from a certain national origin group
• They have a surname associated with a particular national origin
• Their ancestry
• Their birthplace
• Their national origin culture
• They associate with people from a specific ethnic group
• They have a membership with an ethnic promotion group
• They appear to be of a certain ethnic background (even if they are not)

Examples of National Origin Discrimination

Discrimination can affect conditions of employment, such as:

• Firing, demoting, or refusing to hire or promote based on the person’s national origin
• Compensating employees differently based on ethnicity or origin
• Offering different training or career opportunities based on national origin
• Selecting a disproportionate number of employees of a particular ethnicity for layoffs
• Assigning worse or more dangerous job duties based on national origin or citizenship status
• Requiring only employees of a particular origin to take drug tests or medical exams
• Refusing breaks or sick leave of employees with a particular background

Also, employers may not isolate members of a certain race or nationality to a physical area or away from customer contact.

Who Does Title VII Protect from National Origin Discrimination?

Title VII of the Civil Rights Act of 1964 bans employers with more than 15 employees from discriminating against employees. They can't discriminate on race, color, or national origin. It also bans discrimination against those associated with a person, organization, or group connected to a particular race, color, or national origin.

The U.S. Equal Employment Opportunity Commission, the U.S. Department of Justice, and other federal government agencies enforce workers’ rights.

Work Situations of National Origin Discrimination

Regardless of national origin, if an employment policy or practice harms a group of people with a particular national origin or ethnic group and isn't related to job performance, it violates employment law.

National Origin Harassment

The law bans harassment in the workplace. Unlawful behavior must be frequent and severe enough to create a hostile work environment. Or it results in an adverse employment decision against the victim.

National-origin harassment at work can include the following discriminatory practices:

• Offensive or derogatory remarks about a person's ethnic background or country of origin
• Mockery of a foreign accent
• Use of racial or ethnic slurs
• Display of racially offensive symbols and depictions
• Harassing comments about national origin that create a hostile or offensive work environment and when it results in an adverse employment decision
• English-only requirements when English fluency is not necessary to perform the job well

The harasser can be the victim's supervisor or a different supervisor at the employer. They can also be someone who is not a co-worker or someone who is not an employer, such as a client or customer.

Discriminatory Employer Policies

An employer can't use an employment policy or practice if it negatively impacts people of a certain national origin and is not necessary to operate a business. This is the case even if the employment practice applies to everyone and there is a nondiscriminatory reason for the policy or practice.

Discrimination based on the physical characteristics of a particular race is also forbidden. The following characteristics can’t serve as a basis for discrimination unless they are relevant aspects of the job:

• Hair texture
• Skin color or complexion
• Facial features
• Height

Neutral policies with a discriminatory impact are also illegal. Policies are not allowed under Title VII if they negatively impact people of a particular race, color, or national origin. This is true even if the policy is “facially neutral,” meaning it doesn’t seem discriminatory at a surface level. If the policy doesn't relate to the job and is unnecessary for the operation of the business, it goes against Title VII.

Language Issues in the Workplace

An employer can only demand an employee to speak fluent English if English fluency is necessary for a specific position or work performance. An "English-only rule" is only allowed if necessary to ensure safe and efficient business operations.

Basing employment decisions on whether a person is without an accent or other linguistic characteristics is problematic. An employer can only use these measures for employment eligibility if the accent seriously interferes with job performance.

An "English-only rule" can serve as the basis of a discrimination complaint. An employer must think about whether they have a legitimate business reason for language-based employment decisions. They must ensure these decisions do not violate Title VII.

Do Discrimination Laws Protect Immigration Status?

Yes. Employers cannot base employment decisions on a person's citizenship or immigration status. Most times, though, a person will need legal authorization to work. There is an exception for decisions based on visa sponsorship and work eligibility.

The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate in:

• Hiring
• Firing
• Recruitment
• Referral for a fee

The Department of Justice's Civil Rights Division's Immigrant and Employee Rights Section enforces the IRCA's nondiscrimination requirements.

Reporting National Origin Discrimination

Employees who believe that they received an adverse employment action based on their national origin or that their national origin has played a negative role in their employment status can bring a complaint before their state's Equal Employment Opportunity Commission (EEOC). They may file a charge of discrimination.

Employees in the private sector or state and local governments may file a discrimination charge for rights violations under federal EEO laws.

They may also sue their employer if the EEOC charge does not bring a solution.

Discuss Your Treatment at Work With a Lawyer

You may need additional information to know whether your employer discriminated against you. Meeting with a lawyer can be helpful if you believe you may have an employment discrimination claim.

A local employment lawyer can help you with national origin discrimination, race discrimination, sexual harassment, religious discrimination, and other anti-discrimination laws. They can explain your legal options and whether you have a viable discrimination case.