Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of national origin as well as race, color, religion and sex.
It is unlawful to discriminate against any employee or applicant because of the individual’s national origin. No one can be denied equal employment opportunity because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Equal employment opportunity cannot be denied because of marriage or association with persons of a national origin group; membership or association with specific ethnic promotion groups; attendance or participation in schools, churches, temples or mosques generally associated with a national origin group; or a surname associated with a national origin group.
IMPORTANT FACTS ABOUT NATIONAL ORIGIN DISCRIMINATION
- A rule requiring employees to speak only English at all times on the job may violate Title VII, unless an employer shows it is necessary for conducting business. If an employer believes the English-only rule is critical for business purposes, employees have to be told when they must speak English and the consequences for violating the rule. Any negative employment decision based on breaking the English-only rule will be considered evidence of discrimination if the employer did not tell employees of the rule.
- Harassment on the basis of national origin is a violation of Title VII. An ethnic slur or other verbal or physical conduct because of an individual’s nationality constitutes harassment if they create an intimidating hostile or offensive working environment, unreasonably interfere with work performance or negatively affect an individual’s employment opportunities.
- Employers have a responsibility to maintain a workplace free of national origin harassment. Employers may be responsible for any on-the-job harassment by their agents and supervisory employees, regardless of whether the acts were authorized or specifically forbidden by the employer. Under certain circumstances, an employer may be responsible for the acts of non-employees who harass their employees at work.
If you believe tat you have been the victim of national origin discrimination, contact our office, anytime, at 800-437-2571 for a free, no obligation consultation with one of our qualified employment law attorneys to determine if you have a potential discrimination lawsuit or use our convenient Confidential Contact Form.