National Origin Discrimination

Employment discrimination laws have recognized national origin as a protected characteristic for decades.  Employers may not discriminate against you based on the country where you were born or where your parents, grandparents, or more distant ancestors were born; the President of the United States is the only job for which being born in the United States is a job requirement.  Thus, national origin overlaps somewhat with ethnicity.  In 2017, a police department in California paid a settlement to an officer of Armenian descent who suffered years of harassment at work about his Armenian ethnic origins.  His coworkers would make degrading comments in his presence about him and Armenian defendants and crime victims they encountered at work.  The plaintiff’s complaints to his supervisors yielded little or no response.  If you have experienced discrimination or mistreatment by your employer or coworkers because of your national origin, contact a Los Angeles discrimination and harassment lawyer.

When Can Employers Discriminate Based on Citizenship or Immigration Status?

You can file an employment discrimination claim based on national origin discrimination, regardless of your immigration status.  National origin is a protected characteristic whether you have U.S. citizenship, permanent residency, an immigrant visa, a nonimmigrant visa, or even if you are undocumented.  The only difference for undocumented claimants is that, unlike claimants with lawful immigration status, they do not have the right to have their jobs reinstated if they prevail in their cases, although they have the right to receive payment of unpaid wages, as well as other compensatory damages.

Regarding hiring, most employers must consider any applicants who are legally eligible to work in the United States.  U.S. citizenship is typically only a requirement for certain public sector jobs.

When Can Employers Discriminate Based on Language?

Plaintiffs in national origin discrimination cases often cite harassment related to language.  If they speak with a foreign accent, their coworkers may mockingly imitate their accent.  Some plaintiffs in national origin discrimination cases are native speakers of English, but their coworkers harass them by speaking in stereotypical accents associated with the language of the plaintiff’s ancestors.  It also counts as national origin discrimination if your employer insists that you use a pseudonym or an Anglicized version of your name at work because your employer thinks that your name is too hard to pronounce.

Proficiency in English or another language can genuinely be a job requirement for certain jobs, but if this is the case, a language test or other proof of language proficiency should be part of the job interview process.  For example, you cannot work as a Spanish-English interpreter at a hospital unless you are highly proficient in both Spanish and English.  Employers should indicate the language proficiency requirements clearly in the job announcement.

Speak With a Los Angeles Employment Discrimination Lawyer

A Los Angeles employment discrimination and retaliation lawyer can help you resolve your employment discrimination claim if you are experiencing discrimination based on your national origin.  Contact Litigation, P.C. in Redondo Beach, California to discuss your situation or call (424)284-2401.

Source:

shrm.org/topics-tools/employment-law-compliance/7-myths-national-origin-discrimination