What is National Origin Discrimination?
Everyone in this country is entitled to the same job opportunities. National origin discrimination involves treating employees (or applicants) unfavorably because he/she is from another country or part of the world, because of ethnicity or accent, or because he/she appears to be from a different background. It is also against the law to discriminate against an employee if he/she is married to someone of a particular nationality. As America’s diversity continues to increase, so does the rise in national origin discrimination.
National Origin and Harassment
It is against the law to harass someone because of their national origin. Harassment such as derogatory remarks about a person’s ethnicity, accent or national origin. Simple teasing, offhand comments or isolated incidents are not considered “harassment,” but does rise to the level of illegal harassment when when it is so frequent or severe that it creates a hostile work environment or results in demotion or termination.
“English Only” Policies
It is against the law for an employer to create a policy for all employees if the policy has a negative impact on persons of a certain national origin and is not job-related.
An employer can only require an employee to speak fluent English if fluency in English is required to effectively perform the job. An “English only” rule requiring employees to speak only English on the job is only allowed if necessary to ensure the safe or efficient operation of the business and is for non-discriminatory reasons.
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring or firing based upon an individual’s citizenship or immigration status. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee or demand additional documentation beyond what is legally required. It is the employee’s choice which of the acceptable Form I-9 documents to show to verify eligibility. Retaliation against an applicant or employee for asserting their rights under the Act is also prohibited. IRCA’s non discrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, 800-255-7688 (voice) or 800-237-2515 (TTY)
How Do I Contact a National Origin Discrimination Lawyer?
If you believe you are the victim of National Origin Discrimination, contact Hutchison & Stoy, PLLC to speak with Fort Worth National Origin Discrimination Lawyer. You may call us at (817)820-0100 or fill out a free online case evaluation.