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Who is Protected Under National Origin Discrimination Laws?

The Equal Employment Opportunity Commission (EEOC) enforces the federal prohibition against national origin discrimination in employment under Title VII of the Civil Rights Act of 1964, which covers employers with 15 or more employees.

“With American society growing increasingly diverse, protection against national origin discrimination is vital to the right of workers to compete for jobs on a level playing field,” said EEOC Chair Cari M. Dominguez, announcing the issuance of recent guidance on national origin discrimination. “Immigrants have long been an asset to the American workforce. This is more true than ever in today’s increasingly global economy. Recent world events, including the events of September 11, 2001, only add to the need for employers to be vigilant in ensuring a workplace free from discrimination.”

National Origin Discrimination Examples

National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity, or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage, or other association with someone of a particular nationality. Examples of violations covered under Title VII include:

  • Employment DecisionsTitle VII prohibits any employment decision, including recruitment, hiring, firing, or layoffs, based on national origin.
  • HarassmentTitle VII prohibits offensive conduct, such as ethnic slurs, that creates a hostile work environment based on national origin. Employers are required to take appropriate steps to prevent and correct unlawful harassment at work. Likewise, employees are responsible for reporting harassment at an early stage to prevent its escalation.
  • Language
    • Accent discriminationAn employer may not base a decision on an employee’s foreign accent unless the accent materially interferes with job performance.
    • English fluencyA fluency requirement is only permissible if required for the effective performance of the position for which it is imposed.
    • English-only rulesEnglish-only rules must be adopted for nondiscriminatory reasons. An English-only policy may be used if it is needed to promote the safe or efficient operation of the employer’s business.

National Origin Discrimination and Citizenship

Title VII and the other anti-discrimination employment laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.

Need Information about National Origin Discrimination Lawsuits?

If you are a victim of discrimination in the workplace, contact a discrimination lawyer at our law firm today to set up a consultation. We have experience helping victims of all types of discrimination at work, including national origin discrimination. When you call, our discrimination attorneys can educate clients on what their rights are to file national origin discrimination cases during their free claim reviews.