National Origin Discrimination in the Workplace
Discrimination Lawyer Combatting National Origin Discrimination in the Workplace for Over 25 Years
National origin discrimination occurs when an employee or job applicant receives unfair treatment or harassment due to national origin, nationality, citizenship, or immigration status. National origin discrimination applies to your nationality. It also applies to the nationality others perceive you to be. It even applies to the national origin of those with whom you associate.
Federal and state laws prohibit national origin discrimination in the workplace. These laws provide victims the right to fight back against discrimination at work. Under the laws, you can file a complaint without fear of retaliation and wrongful termination. In other words, your boss cannot fire, demote, or otherwise retaliate against you because you stand up for your rights.
As the victim of national origin discrimination, you have the right to seek justice. You deserve a lawyer that will stand by your side. You deserve a partner to advocate on your behalf. You deserve a legal team that does not back down.
What Is National Origin Discrimination in the Workplace?
National origin discrimination occurs when your employer, CEO, supervisor, manager, coworker, client, or non-employee makes negative employment decisions due to your nationality or national origin. National origin discrimination can affect employees and job applicants in the workplace and at work-related events.
National Origin discrimination affects four categories:
- People from areas not recognized as a nation, such as refugees from a defunct government
- Characteristics associated with national origins, such as an ethnic style of dress or membership of an ethnic group, cultural heritage, ancestry, origin myth, history, homeland, language and/or dialect
- Ideologies and symbolic systems of nationality such as religion, mythology and rituals, cuisine, dressing style, physical appearance, and more.
- People associated with people of different ethnicity, nationality, national origin, or immigration status.
What Does National Origin Discrimination in the Workplace Look Like?
Some examples of national origin discrimination in the workplace may include, but are not limited to:
- A coworker repeatedly tells you to go back to where you came from
- Your supervisor refuses to give you certain projects because your accent is too thick.
- Your manager refuses to promote you because you are too “ethnic.” He doesn’t think clients will respond well to you.
- Your company has a policy that all employees, even janitorial staff, must speak only English. The policy stands, even when speaking English is not necessary for the job.
- Your client refuses to continue working with you once she learns you are married to a Hispanic person.
- Your employer threatens to call ICE on you as a form of retaliation.
What Laws Protect You from National Origin Discrimination at Work?
National origin is a protected class covered under Title VII of the Civil Rights Law of 1964. Title VII prohibits employers from making any negative employment decisions against employees or job applicants based on national origin. If you work for an employer with 15 or more employees, the law protects your civil rights.
Many states also have laws protecting your rights under national origin discrimination. Depending on the state, the laws protect employees in companies with as few as one employee. Consult with an experienced national origin discrimination lawyer to understand the laws in your state.
The lawyers at the Derek Smith Law Group can help you determine whether federal or state laws will best help your case.
How Are Immigrants Protected from National Origin Discrimination in the Workplace?
There are documented and undocumented (otherwise known as legal and illegal) immigrants in the US. Documented immigrants are in the US for a limited and specific time. Individuals may be in the US on work visas, student visas, or extended stays for any number of reasons. If you maintain a work visa, you have the right to work in the US.
If you are going through the legal channels towards citizenship, you also have the right to work in the US. The Immigration Reform and Control Act (ICRA) of 1986 prohibits employers from limiting employment opportunities to legal US immigrants. In other words, employers must consider employing individuals in the US on work visas or going through the natural course of earning citizenship. These applicants must have the legal right to work in the US.
Undocumented or illegal immigrants also have rights under the law. Employers are not permitted to call ICE to investigate employees that they hire as undocumented immigrants. This action is often done in retaliation. Any form of retaliation against employees is illegal.
When Should You File Your National Origin Discrimination Claim?
The Equal Employment Opportunity Commission (EEOC) sets the statute of limitations to file a national origin discrimination claim under Title VII. The time limit to file your claim is 180 days from the incident of discrimination. If you file your claim in a state with applicable state laws, the statute of limitations under the EEOC is 300 days.
Each state requires different time limits to file national origin discrimination claims in state court or the proper state agency. Some states follow the guidelines of the EEOC and set limits of 180 days to file. Others offer more leeway, offering several years to file your claim.
When you work with a qualified discrimination lawyer, he can ensure you file you claim with the appropriate agency within the required timeframe.
Will a National Origin Discrimination Case Settle Quickly?
When it comes to the law, the answer to such questions is “it depends.” The speed in which a case settles depends on the willingness of your employer to get out of the case quickly.
Sometimes, an employer settles a claim before it every gets filed with the EEOC or state agency. A courtesy phone call from your attorney can put your employer on notice and entice him to offer a fair settlement immediately. In those cases, your case will likely settle within a couple of months.
However, if your employer wants to enter further negotiations, the case may take a year or longer to settle. In some cases, the case must go to trial. While it can settle at any point during the process, the case may not settle for several years. It may not settle at all. Therefore, you may have to wait a few years until the courts enter a final judgment.
The dedicated national discrimination lawyers at the Derek Smith Law Group will work with you to negotiate a settlement with your employer as efficiently as possible. If your case goes to trial, your attorney will stand by your side, advocating fiercely for your rights.
What Forms or Relief Will the Courts Offer a Victim of National Origin Discrimination?
When you file a national origin discrimination claim with the courts, they will ask you about the remedies you want. You have the right to ask for any relief you think will help you move on from the situation and get back to life.
Many remedies are financial, such as lost wages, money for pain and suffering and emotional distress, and reimbursement of related expenses. However, you may also want your job back and a reinstatement of benefits. You may even ask your employer to change company policies to prevent this behavior in the future.
Whatever your demand, your experienced discrimination lawyer can help you request relief from the court.
Why Should You Work with a Discrimination Lawyer for Your Case?
You can always represent yourself for your lawsuit. However, you are guaranteed to miss opportunities to settle your claim and receive a large award, if possible.
A discrimination lawyer understands the legal system. He knows to contact your employer before you file a case to attempt to settle quickly. He knows the rules of negotiation once the claim is filed.
Your discrimination attorney will ensure your case is filed appropriately with the proper agency in the expected time frame. Your lawyer will negotiate for a settlement from the moment your claim is filed. Yet, they will advocate fiercely on your behalf if the case leads to trial.
The courts do not use ignorance as an excuse. If you do not know time frames, the statute of limitations, or other court rules, you risk your case getting dismissed. Therefore, working with an attorney will help you ensure you play by the court’s rules. Doing so will ensure you have your chance to receive justice.
Contact Our Experienced Employment Discrimination Attorneys for Your Free Consultation
No one should face discrimination based on national origin, ethnicity, nationality, or immigration status. If you are the victim of national origin discrimination, the experienced employment discrimination attorneys at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, and New Jersey can help.
Contact us today at (800) 807-2209 for your free consultation. We do not collect any money until you win your case.
Do you have any questions about national origin discrimination? Our dedicated discrimination lawyers are available to answer your questions. Please contact us at 800.807.2209 or email [email protected] with your questions.