What Qualifies as National Origin Discrimination?
National origin is fairly broad category of discrimination. In its simplest form, it refers to treating someone unfavorably based on what country–or part of a country–they are from. This includes harassing or discriminating against an employee based on their accent, ethnic background, or even the national origin of a spouse or family member. And it is not limited to discriminatory acts committed by people of different origins. The aggressor and the victim can legally be of the same national origin.
As with any other type of illegal discrimination, national origin is a protected characteristic when it comes to any decisions affecting a person’s employment. This includes anything affecting a worker’s hiring, termination, discipline, pay, job assignments, promotions, layoffs, or anything else that may be considered a term or condition of employment.
As noted above, workplace harassment is also a form of national origin discrimination. Making derogatory remarks about an employee’s origin or accent would fall underneath this category. Keep in mind, however, that a single offhand comment or “simple teasing” is not necessarily illegal harassment. But if an employee is regularly subjected to negative or insulting comments based on their national origin, that can rise to the level of creating a hostile or offensive work environment, which is illegal.
It is also illegal for employers to adopt explicit policies that promote national origin discrimination. For example, an employer cannot enforce an “English-only” policy on the job unless it is necessary to ensure the safety or efficiency of the employer’s business. Similarly, an employer cannot refuse to hire an employee because they speak with an accident, unless the employer can prove it seriously interferes with job performance.
Contact the National Origin Discrimination Lawyers at Venardi Zurada, LLP, Today
Many workers are afraid to come forward with evidence of national origin discrimination because they are afraid they will be fired or subject to even more derogatory treatment. But just as discriminatory acts are against the law, so too is retaliation. An employer cannot punish you in any way for exercising your right to file a complaint for national origin discrimination.
Still, we understand that many workers are uncertain of their rights in this area. That is why we invite you to schedule a free consultation with one of our Walnut Creek national discrimination lawyers. At Venardi Zurada, LLP, we want you to feel safe coming forward with your story. And we will not charge you any legal fees or costs unless we agree to take your case and recover compensation on your behalf. Call us at (833) 893-6763 or contact us online to schedule a consultation.
