IF YOU’RE FACING ETHNICITY DISCRIMINATION, CONTACT A ETHNICITY DISCRIMINATION LAWYER FOR THE WORKPLACE
If you have been discriminated against by an employer based on your ethnicity or ethnic background, you can entrust our team of employment attorneys in Los Angeles at Mann & Elias.
Employers are required to honor employee differences with equal treatment. Title VII and the Fair Employment and Housing Act (FEHA) prohibit employment discrimination based on an employee’s “national origin,” which includes:
- Physical characteristics specific to a particular ethnic group
National origin discrimination can also be based on an employee’s marriage to someone of a national origin or with specific ethnic groups. Suppose you believe your employer discriminated against you based on your “national origin,” the birthplace of your ancestors, or the physical, cultural, or linguistic characteristics of the national group you identify with. In that case, you may have a claim for employment discrimination.
We are here to help you every step of the way. Contact our team for a free consultation.
WHAT IS NATIONAL ORIGIN DISCRIMINATION?
National origin discrimination occurs when an employer treats applicants or employees unfavorable because they may be from a different country or have a strong accent.
While national discrimination is against the law, some employees, unfortunately, do experience it. Employees who have experienced such acts in the following scenarios are protected:
- Job assignments
- And any other terms or conditions of employment
To learn more about national discrimination, you can refer to “What is National Discrimination?” for more information or consult with an attorney from our firm.
TYPES OF DISCRIMINATION FOR NATIONAL ORIGIN
There are various types of national origin discrimination that can occur in the workplace. Discrimination can range from harassment based on your skin color or an employer requiring you to speak English at all times on the job. Specific scenarios of national origin discrimination are as follows:
- A group of employees excludes a new hire, who is Chinese, to conform with the overall company culture during the pandemic. They make derogatory comments related to his race and COVID-19. This behavior is not acceptable or tolerated and should get reported immediately.
- Jessica, a long-time worker, speaks Spanish with co-workers during a lunch break. Her employer tells her the company enforces an “English only policy,” which was not addressed or discussed before. That is an act of discrimination. Her job does not require her to speak English to perform her job correctly, nor during her mandated breaks.
- Mark teases an Arab American employee and frequently makes jokes about terrorism. It makes him uncomfortable, and he reports it to their employer. Unfortunately, the employer ignores the situation. That would prompt a legal consultation to file a proper claim with the Equal Employment Opportunity Commission (EEOC).
While most employers recognize the importance of treating their workers with dignity and respect, they know they must work against prejudice, harassment, and intimidation in the workplace.
However, not all companies abide by the law, which makes it extremely difficult for victims. Employers should be held accountable for their unlawful acts. If you or someone you know has experienced discrimination based on national origin, it is crucial to contact a nationality discrimination lawyer in LA as soon as possible.
To better understand what qualifies as discrimination, learn more about the types of national origin discrimination and your rights as a protected worker.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every state and federal court system level in lawsuits regarding discrimination, wrongful termination, unpaid wages, and more.
When your national origin discrimination case is in our hands, we hope to minimize the stress and concerns you might be going through at work. While there are thousands of lawyers to choose from, our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
We have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements.
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
Proving Title VII Discrimination
Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees and job applicants based on race, ethnicity, religion, sex, and others. This piece of legislation is often the crux of workplace discrimination suits. To read more about this, click here.
Employment Discrimination Based on Religion, Ethnicity, or Country of Origin
Federal law protects employees from getting discriminated against based on their religion, ethnicity, or country of origin. These kinds of discriminatory acts can range from rude comments to wrongful termination. If you are experiencing unequal and warranted treatment, you should take your issues up with an HR representative. If that does not lead to any change, reach out to an attorney for discrimination to begin your claim.
What’s the Difference Between National Origin and Race?
Nationality discrimination and racial discrimination are prohibited federally, and any job committing either of these acts should be held accountable. Many people do not know the difference between the two. Racial discrimination is when someone gets treated differently based on their race. Discrimination based on national origin is when someone gets treated unequally based on their:
- Place of birth
- Cultural, linguistic, or physical features
- Association with a national group
National Origin and English Language Rules
U.S. Courts remain divided on the English-Only Rule. Employers who implement this rule must have a written policy against harassment, go over it in detail with employees, train staff, and ensure everyone has the necessary resources.
Unless it is a business necessity per the Equal Employment Opportunity Commission (EEOC), you might be on the hook for harassment and discrimination claims that ensue. This article offers a better understanding of this language rule and when you should seek legal help.
FAQs ABOUT NATIONAL ORIGIN DISCRIMINATION
Can Workers Get Assigned a Job or Tasks Based on National Origin?
Assigning certain employees tasks that would deprive them of other employment opportunities is illegal. Your employer cannot limit, classify, or use your ethnicity to establish work. If such placement negatively affects your pay and ability to advance, report it immediately. Otherwise, legitimate assignments that don’t negatively impact you are legal.
Can A Job Ask Me to Identify My National Origin?
It is normal to see a question or two asking you to identify your national origin on an application. It may be to trace the rate of diversity or keep track of compliance with government contracting requirements. Your choice to answer is voluntary.
Ethnic Jokes and Slurs – Is it Against the Law?
Yes! Title VII prohibits acts of hostility at work, including inappropriate and ethnically targeted jokes and slurs. Employers are responsible for ensuring a safe workplace free from harassment. Additionally, employees share that responsibility and should report incidents to prevent escalation.
How Much Time Do I Have to File a Charge for National Origin Discrimination?
An attorney would advise you to file a charge within 180 days from the date of the violation to protect your rights. If you work for a company with 4-14 employees, it should get submitted to the Office of Special Counsel (OSC). In workplaces with more than 15 employees, a charge should get sent to the EEOC before pursuing a lawsuit in court.
What Damages Are Available If I Issue a Complaint?
There are several damages you can recover in a national origin discrimination case, but it depends on the size of your company. Smaller companies (4-14 employees) can obtain back pay, reinstatement, and job offers. The employer is required to pay civil penalties and receive training to prevent it from happening again.
If you work for a larger company, additional remedies include:
- Back pay
- Front pay
- Pain and suffering
- Hiring (if you lost out on an employment opportunity)