National origin discrimination occurs when applicants for employment or employees are not treated favorably due to their country of origin, place of birth, ancestry, native language, accent, or they just look or sound foreign.
It is unlawful according to federal law for an employer to treat any job applicants or employees in this way and there are consequences for the employer if national origin discrimination can be proved.
This also applies to national origin harassment when offensive or derogatory remarks about an employee’s national origin, accent or ethnicity are directed at them.
It is illegal under federal law for an employer to discriminate against either job applicants or current employees based on their national origin including their place of birth, ancestry, culture or language. They cannot be denied equal opportunities because of the following features.
- they have a name or accent that has an association with a national origin group;
- they take part in specific customs that are associated with a national origin group;
- they are married to or associate with people of a certain national origin.
Examples of National Origin Discrimination
Some key examples when national origin discrimination often takes place include the following:
- deliberately refusing to hire;
- wrongful termination;
- being paid less than other employees in the same job;
- not being promoted despite excellent performance reviews;
- not being offered overtime at the same extent as other employees.
Examples of national origin harassment include:
- shouting abusive comments about the employees national origin;
- writing degrading notes to the employee about their national origin;
- sending degrading texts and emails.
The law doesn’t cover the use of abusive comments that take just place occasionally, but only if a pattern of regular abusive comments occurs.
What to Do If You Have Experienced National Origin Discrimination at Work
If you believe that you have been discriminated against at work due to your national origin, you can file a Charge of Discrimination with the Equal Employment Opportunities Commission (EEOC).
This is a signed statement asserting that your employer has discriminated against you due to your national origin. It asks the EEOC to take action on your behalf.
If, after considering your case, the EEOC believes it is true, it should give you the right to sue your employer for compensation for unlawfully discriminating against you due to your national origin. You may receive compensation that includes loss of pay due to the action of your employer and the pain and suffering you have experienced.
Get Help With Your National Origin Discrimination Claim
It is never easy roving you have been a victim of national origin discrimination in your workplace as finding sufficient evidence to support your claim is difficult. However, if you take the free case evaluation to speak with an attorney you have a greater chance of winning your case than if you tried to take it u with your employer on your own.
