Types of Discrimination for National Origin | Mann & Elias

Discriminated Based On Your Nationality? Speak to a National Discrimination Lawyer Los Angeles

Most employers recognize the importance of treating their workers with dignity and respect. They understand the need to work against prejudice, harassment, and intimidation in the workplace. Unfortunately, not every company adheres to these principles. If you have been discriminated against because of your national origin, you have the right to act legally against your employer.

Discrimination on the basis of national origin is against the law. Every employer knows this or should know it, and if they allow it to happen in the office or shop floor, then they should be held accountable. There are specific steps you will need to take to make this happen. But at some point, you may need to contact a national discrimination lawyer in Los Angeles.

Both state and federal law make it illegal to discriminate against a person who was not born in the United States. The following are the forms that such discrimination can take:


1. Discrimination against someone owing to their citizenship status

You cannot be denied employment, fired, or demoted because of your citizenship status. If you are a U.S. citizen, U.S. national, asylee, refugee, or other lawful permanent resident, you are protected from this kind of discrimination. An employer can only restrict hiring to U.S. citizens if a special law, regulation, executive order, or government contract requires them to do so.

2. Discrimination against someone because of their place of birth

Your employer should not tolerate any discrimination against you because of your actual or apparent national origin. You cannot be denied a job, a specific work task, or promotion because of your country of birth, ancestry, or native language. Nor can you be denied your rights as an employee because of your accent or how you look or are perceived to look.

3. Unfair documentary practices

The law forbids your employer from demanding more documents than necessary or different documents than what is required to verify your employment eligibility. Your employer cannot arbitrarily reject the documents you provide. Nor can they reject the authentic-looking documents that you supply. This kind of discrimination tends to happen during the I-9 and E-Verify processes, and it is illegal.

4. Retaliation

Your employer is not allowed to intimidate or retaliate against you because you have filed charges of discrimination against them. The Immigrant and Employee Rights (IER) Section of the Justice Department investigates such allegations. Your employer is required to cooperate with this body and provide them with all the information they require. They cannot threaten or coerce you into taking back your allegations.

Solving the Problem at the Lowest Possible Level


Being the target of discrimination is difficult on many levels. There is the humiliation of the event. But there is also the devastating effect that such a situation can have on the morale of the group you work with.

You were hired because of your competence, skill, and experience. Like most people, you want to get on with doing your job. You also want to get on with your colleagues. The last thing you want to do is make complaints and stir up trouble. However, if you have been demoted, transferred, called names, or been the target of constant micro-aggressions, then you will have to act.

You should try to resolve the problem at the lowest possible level, which means going to your immediate supervisor and reporting it. This may get the issue resolved so that everyone can get back to working in peace. If your immediate superior fails to act, then you may need to approach your Human Resources department. Before doing so, you should familiarize yourself with the reporting procedures.

If You Must File a Complaint Outside the Company


If you have tried to deal with the problem inside the company without success, you will need to file a complaint with the Justice Department—specifically, with the Immigrant and Employee Rights section. You can file a charge form or call the toll-free number provided by the agency. How you proceed depends on the severity of the situation.

If you believe the discrimination is based on lack of knowledge on the part of your employer, you can have IER staff members call them to explain proper verification procedures or other administrative processes. If you have been subjected to constant abuse and harassment, you should fill out a charge form. But before doing so, you should hire a national discrimination lawyer in Los Angeles.

An attorney who specializes in national origin discrimination in the workplace will help guide you through the form. They will ensure that you provide the proper details so that IER will be able to thoroughly investigate the allegation. Such investigations take no longer than 7 months from the time they receive your complaint. If they verify your complaints, you can pursue compensation from the company.

Getting Relief for Discrimination


The justice department will not take on the company in a civil procedure. However, they will give you the documentation you need to pursue a successful suit on your own. They will submit their findings to the Los Angeles national discrimination attorney you hired. And an experienced lawyer who specializes in national origin discrimination in the workplace will know how to leverage this information.

The main aim of your Los Angeles national discrimination attorney is to get the kind of remedy that will satisfy you. If you were fired without good reason, then you may want to be reinstated with back pay. If you have no interest in working for the company that allowed you to be discriminated against, then you may want them to compensate you for what you were put through and go your own way.

The top employment lawyers in Los Angeles will have the resources to investigate the company and bring the pressure of facts and the law to bear in negotiations with them. Working with one of the top employment lawyers in Los Angeles can help you get the justice you deserve. If you have been unfairly discriminated against, you should call a lawyer.

English
Call| Text |