Workplace Discrimination And National Origin

Discrimination in the workplace can take many forms. Fortunately, federal law prevents employers from discriminating against people because of their race, sex, and national origin, among other protected categories. If you feel you are being treated unfairly because of your national origin or ethnicity, you might have the basis for a civil lawsuit. This article examines this important employment topic.

Filing a Claim

The law makes it illegal for employers to discriminate against you just because of your national origin. For example, if an employer is not promoting employees due to their Hispanic heritage, that is illegal workplace discrimination. In this instance, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) to get the situation resolved. If the problem is not resolved, then you have the right to sue in civil court.  

Harassment

You not only have the right to be free from any discrimination when it comes to hiring, firing, and promotions, but you also have the right to be free of any harassment in the workplace based on your national origin. This includes employers or employees making offensive remarks about your ethnicity or perceived ethnicity or mocking your ethnic clothing or accent.

INA

A crucial law regarding employment discrimination based on someone's national origin is the Immigration and Nationality Act (INA). A key section in INA forbids employment discrimination based on national origin and also addresses the related issues of citizenship and documentation discrimination

Since immigrants have a different country of origin, some employers have tried to discriminate against them by demanding that all of their employees have United States citizenship. This is not allowed under the law. Anyone of any national origin has the right to employment as long as they are in the U.S. legally. Also, employers may not require more documentation from an immigrant than from other applicants.

Language

Some employers have attempted to get around the laws protecting you from discrimination based on your national origin by establishing "English-only" rules in the workplace. This would allow them to discriminate against those whose country of origin or ethnic heritage means that English is not their first language.

EEOC regulations, however, state that English-only rules are discrimination and workers have the right to use the language in which they feel most comfortable. Exceptions can be made if the employer can show that an English-only rule is a business necessity. For example, a radio station serving an English-speaking audience might have a legitimate reason for an English-only rule.

If you have been discriminated against because of your national origin, consult a workplace discrimination attorney. For more information, contact a workplace discrimination attorney near you.