California’s Fair Employment and Housing Commission have continued ensuring there is protection against national origin discrimination. A good number of lawsuits have been filed in connection with such discrimination. However, this has not stopped some employers from discriminating against applicants or employees based on their national origin. If you feel like you are experiencing national origin discrimination, you can seek legal advice from top employment law firms. Below is some information to help you understand national origin discrimination.
What Is National Origin Discrimination?
When an employer makes a decision based on an applicant or an employee’s birthplace, ancestry, or ethnicity, this is illegal discrimination. The national origin discrimination happens either due to one’s accent, surname, etc. For example, an employer may be reluctant to interview a Filipino or conduct background checks on Russians only. The Federal and State law forbids any employer to discriminate against applicants or employees in any employment aspect, including hiring, layoffs, promotions, and so on. In other words, the law makes it illegal for any employer to use any employment practice applying to everyone regardless of national origin. There are many examples of national discrimination. Others may include:
- Cultural traits or clothing: An employer may harass or otherwise discriminated against workers based on their cultural or physical characteristics. For instance, employees who practice Islamic may fail to be promoted or be paid less compared to others.
- Employers discriminate due to the perception that a particular employee belongs to a certain national origin even if the employee or applicant is not. For instance, a Chinese job applicant is denied a job because the employer believes they are from Vietnam.
- Harassment or discrimination due to association: An employer may discriminate against a female employee since they have been married to a Taliban.
If any of the above or similar situations happened to you in your workplace, it likely you have been subjected to national origin discrimination. Unfortunately, the majority of job applicants or employees who have been subjected to national origin also experience other forms of illegal discrimination, such as race discrimination.
Workplace Restrictions Based On National Origin
Any restriction that is not job-related or necessary to the normal running of the business is not allowed. If your employer has based their employment decision based on your foreign accent or like factors, you may have a claim, not unless the accent or any other issue may interfere with your job performance. Suppose there is to be any restriction; in that case, the employer should notify the job applicant or an employee of the conditions when the restrictions are to be observed. They also need to give any consequences of not following the law. Again, this should be justified by business necessity.
Do I Need A Lawyer For National Origin Discrimination?
California law protects employees compared to Federal law. However, the law related to national discrimination is comprehensive. If you have been discriminated against due to your national origin, you need to look for a good legal firm to assist you in fighting the national origin discrimination. The right lawyer will assist you with the best legal strategy to follow. This is whether to file a claim with the California Department of Fair Employment or the EEOC or any other step they may deem fit.