Derek Smith Law Group / Employment Law / National Origin Discrimination / National Origin Discrimination Attorney Miami

National Origin Discrimination Attorney Miami

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What is Discrimination Based on National Origin?
Types of Workplace Discrimination Cases We Handle in Miami:

National Origin Discrimination in Miami is when an employee or job applicant is singled out, harassed, or treated unfairly in the workplace because of national origin. Your national origin is another term for your nationality, which is the country in which you were born and where your ancestors came from.

This also includes issues relating to your citizenship, ethnicity, culture, ancestry, foreign accent, and dialect, and can be related to the national origin or citizenship of those you associate with, such as a spouse. For the past 25 years, the Derek Smith Law Group has worked with victims of national origin discrimination to help them receive compensation for their ordeal.

What is Discrimination Based on National Origin?

National origin discrimination occurs when an employee or job applicant is treated unfairly or harassed in the workplace based on his or her:

Nation of origin
Ethnicity
Citizenship or immigration status
Ancestry
Culture
Foreign Accent
Dialect or foreign language
Ethnic style of dress or clothing
Rituals
Cuisine
Ideology
Physical Appearance
Citizenship or immigration status,

These protections are extended to individuals from areas that are not recognized as a nation, such as refugees from a defunct government.

What Laws Protect Me in Miami from Employment National Origin Discrimination?

Florida, and Miami in particular, are right on the forefront of discrimination laws. A workplace is designed to be a place free from harassment and discrimination. When that does not occur, there are federal and state laws that provide you with options to obtain the justice you deserve. The Federal Title VII of the Civil Rights Act of 1964 says that it is illegal to discriminate against an employee because of their national origin.

This means that the employer cannot create a hostile work environment or conduct an adverse employment action against a person because the person is from a different country, has an accent, is perceived to be from a different country, or is associated with another person who is from or perceived to be from a different country. In addition, the Florida Commission on Human Relations (FCHR) says it is illegal to discriminate against an employee because of their national origin.

What Does National Origin Discrimination in the Workplace Look Like?

It may be easier than you would think to spot national origin discrimination in the workplace. Any time a person is told to “go back to where you came from” or is told that only English is allowed to be spoken even when it is not necessary for job functionality, that is national origin discrimination. Here are a few other examples of this type of discrimination:

Firing a person because of their ethnic difference
Creating a hostile work environment for a person from another country
Refusal to hire a person who appears to be from another country
Refusal to give a person with a heavy foreign accent a promotion, even if he or she is qualified and tasked with additional work
Making comments about a person’s nationality that make the person uncomfortable or are disrespectful
Retaliating against a person who reported an issue to HR regarding national origin discrimination
Firing a person because of their national origin
Refusing to give a project to a person because of their accent
Treating a person unfairly because of the schools or organizations the person belongs to that are associated with their nationality or culture.
Creating workplace guidelines meant to single out people of a particular national origin
Keeping a person separated from the group because he or she looks like he or she is from another country
Making derogatory comments to a person because of his or her national origin or spouse’s national origin.
Firing an employee because he or she is married to a person from another country

These are just a few ways in which national origin discrimination can be seen in the workplace. If you have experienced these or other types of behaviors that have made you the victim of workplace national origin discrimination, the experienced attorneys at the Derek Smith Law Group can help you get the compensation you deserve.

How Long Do I Have to File a Claim in Miami for Workplace National Origin Discrimination?

The Equal Employment Opportunity Commission (EEOC) monitors claims filed for violations of Title VII of the Civil Rights Act of 1964. Under the rules of the EEOC, you have 6 months to file a claim from the date of the last incident of national origin discrimination. However, since Florida has a reciprocal law, the EEOC will allow 300 days from the date of the incident to file a claim. Once the EEOC issues a Right to Sue letter after completing its investigation, you will have 90 days from receipt of the letter to file your claim in federal court.

If you choose to file your claim with the FCHR, you have 365 days from the date of the incident to file. The FCHR will conduct its investigation, and under its Work-Sharing Agreement, may share your claim with the EEOC to allow you to file your complaint in federal court.

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During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

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Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

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Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

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Get Help for Workplace Discrimination

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What Type of Relief Will I Receive from the Courts for My Nation of Origin Discrimination Case in Miami?

When an employee experiences workplace national origin discrimination, he or she is looking to receive justice. Justice comes in many forms. Some of the ways in which the court will provide you relief for your claim include:

Reinstatement of employment
Removal of employee or supervisor discriminating against you
Attorney’s Fees
Back pay
Future wages
Repayment of benefit premiums
Reimbursement of related medical expenses
Pain and Suffering
Review of policies which may be discriminatory and revamping of those policies
Punitive damages.

These damages are meant to punish he employer to prevent him or her from discriminating against employees in the future.

How Long Will My Workplace National Origin Discrimination Case Take to Settle?

Each workplace national origin discrimination case is different. That means each timeline is unique to the facts of your case. However, certain guidelines can help determine the expected length of your case from start to finish. First, the Right to Sue letter can take anywhere from a month to a year to receive. However, once that is received, we have 90 days to file your case with the courts. Depending on the facts of your case, your employer may choose to settle and come to the table with a fair number, which will end your case in a few months. More than likely, however, we will need to be prepared to go back and forth in out of court discussions and potentially, trial, which could take an additional year or more.

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$4.9 Million Settlement

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$2.78 Million Jury Verdict

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$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Am I Protected from Discrimination If I am Not a Citizen but Have the Right to Work in Miami?

The United States has many different people looking for work that are qualified and eligible to work. Some people are not Us citizens but have a work visa or other legal reasons they are able to work in the US. The Immigrant and Employee Rights Section (IER) says that an employer cannot take any adverse employment decisions or harass an employee because of their citizenship and immigration status.

As long as the employer has four or more employees and the employee has legal documentation giving him or her the right to work, the employer must at least consider the person for employment and cannot act adversely against the person because they may not be an American citizen.

Contact Our National Origin Discrimination Attorneys in Miami for a Free Consultation.

We want to hear from you. How can we help you? Did we miss anything? The experienced attorneys at Derek Smith Law Group in Miami are available to answer your questions about your national origin workplace discrimination case. Call us today at (305) 946-1884 for your free consultation. We do not get paid until you win your case.

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