Derek Smith Law Group / Employment Law Attorneys / National Origin Discrimination / National Origin Discrimination Attorneys in New York City

National Origin Discrimination Attorneys in New York City

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What Is Discrimination Based on National Origin?
Different Types of Workplace Discrimination Cases We Handle:

National origin discrimination in New York City is when an employee or job applicant is harassed or treated poorly based on his or her nationality, foreign accent, ethnicity, ancestry, culture or the national origin of a person’s spouse or family. This also applies if an employer has the perception that the employee or job applicant of a certain national origin.

A person’s national origin is the country in which they were born or where their ancestors lived. In other words, this is your nationality, ethnicity, and culture. Over the past 25 years, the Derek Smith Law Group has helped New York employee receive compensation when they are a victim of national origin discrimination.

What Is Discrimination Based on National Origin?

According to the law, an employer is prohibited from treating an employee or applicant unfairly or harassing a person because of national origin or nationality. National origin is one of the protected classes under federal and state workplace discrimination laws, as is race, color, sexuality, gender, religion, age, disability, sexual orientation, citizenship, pregnancy, and more. National origin discrimination is when your employer or people in your office create a hostile work environment or treat you unfairly because of the following characteristics:

Nationality
Ethnicity
Culture
Foreign accent
Foreign language or dialect
Customs
Ancestry
Ideology
Cuisine
Rituals
Style of dress or clothing

Physical appearanceAny other characteristic associated with your cultural and national background, including your association with a person or people of a different national origin, or your perceived national origin.

These protections are also extended to areas who are not recognized as a nation, for instance, refugees from a defunct government are covered by this act.

Furthermore, the New York City Commission of Human Rights has declared it illegal for an employer to call a person an “illegal alien” and other immigration terms as a means to harass or humiliate a person. In addition, this new guideline states an employer or supervisor cannot threaten to contact ICE about an employee or job applicant as a means to discriminate or retaliate.

What is the Difference Between Race and National Origin Discrimination?

Race is the grouping of people based on physical characteristics, such as the structure of their face, the texture of their hair, and the shape of their eyes, to name a few. Race discrimination is when harassment or adverse employment actions occur based on a person’s race.

National origin is nationality. It is directly related to the country in which a person is from, is perceived to be from, or his or her association with others from a real or perceived country. It can include culture, language, and even accents, etc.

What Qualifies as National Origin Discrimination?

Some examples include:

Firing someone because of their accent or ethnicity
Retaliation against an employee for going to HR to report a problem of harassment based on nation of origin
Creating a hostile work environment for someone of a particular national origin
Maintaining of culture of only hiring or never hiring people of a certain national origin
Telling a person to “go back to where you came from”
Expecting a person to speak English only in the workplace, even when speaking another language does not impact their job
Denying a project to an employee because the client would not like people of their nationality
Denying a promotion to a person because his or her accent is too thick
Firing a person simply because his or her spouse if from a certain nation
Only requiring right to work papers from people that are from another country or appear to be another country
Treating an employee unfairly because his or her spouse was not born in the US

Reprimanding an employee and using slurs against their nationality while doing so
These are just some examples of how national origin discrimination can rear its ugly head in your New York City workplace. However, there are many other ways it can be carried out. If you have been a victim of national origin discrimination in the workplace, the experienced attorneys at Derek Smith Law Group are here to help you get the compensation you deserve.

What is the Statute of Limitations for National Origin Discrimination?

Title VII of the Civil Rights Act of 1964 protects individuals from discrimination based on their national origin. The Equal Employment Opportunity Commission (EEOC) is the federal agency which enforces the anti-discrimination in employment laws as discussed under this statute. According to the law, if you have experienced national origin discrimination in your New York City workplace of 15 or more employees, you have 300 days from the date of the last incident to file your claim. Once you receive the Right to Sue letter from the EEOC, you have 90 days to file your complaint in Federal Court.

New York City will allow a claim to be filed with the New York City Commission of Human Rights (NYC CHR) instead of the EEOC for any employee of a company with four or more employees within one year after the date of the last incident of national origin discrimination.

What Relief Can a Court Award Me If I Prove a Claim of National Origin Discrimination?

Your case is unique, and the relief is tailored towards your experience and suffering. A court may award several different types of relief for your claim. These include:

Reinstatement of your job
Reimbursement of back pay from the work you missed due to the adverse action
Reimbursement of future pay if you will not be going back to work at that employer
Attorney’s fees
Reimbursement of medical expenses or other unnecessary expenses incurred as a result of the adverse action or harassment
Punitive damages.

These are where the larger settlements come in. The idea is to punish the employer such that the employer will not repeat this type of behavior in the future. The punitive damages are typically based upon the gross earnings of the company, the egregious nature of the action, and whether the employer was a first-time offender.

How Long Will the Litigation Take to be Resolved?

National origin discrimination cases in New York are all different. Each case has a different set of circumstances and different players involved. Therefore, the time it takes to resolve your case may vary as well. We know that a claim with the EEOC can take 300 days before a Right to Sue letter is received. And we know that once it is received, you have 90 days to file your complaint with the court. Once the complaint is filed, it is possible your employer will request mediation to settle the claim quickly.

It is less likely your employer will offer what your case is actually worth. Therefore, it is likely the case will go through several rounds of mediation before settling. Assuming your case does not need to be tried in court, your case will likely take around 6 to 9 months to resolve. However, if the employer wants to go to court, the case may take a year or longer to be resolved. Our group of experienced attorneys at the Derek Smith Law Group in New York will work with you from beginning to end and gladly answer all of your questions along the way.

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Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

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

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

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

Seedie Whiser

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 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

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

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How Can I Prove Discrimination Based on National Origin In New York City?

National origin discrimination may be easy to prove, however, more often than not, the difficulty will be in proving that you treated unfairly based on your national origin and not your ability to do the job or work productively. Therefore, it is up to you to collect as much evidence as possible for your case. First, make sure you document as much as possible. Take notes of each incident. Include the date, who was involved, and what was said or done. You will likely need to note several incidents before you can present a case to a court.

Second, learn who you can call upon to support your claims. Maybe there were other co-workers around to hear or see what occurred. Note who these people are and any of their contact information you may be able to recall or gather. By keeping notes and documenting these points, you will be able to make proving your case a bit easier before you ever enter a courtroom.

Is Discrimination against Non-US Citizens Illegal in New York?

In 1986, Congress enacted the Immigration Reform and Control Act (IRCA), making it illegal for an employer to discriminate or harass an individual based upon a person’s citizenship or immigration status. The IRCA was designed to prohibit employers from exclusively hiring US citizens, or lawful permanent resident unless required to do so by law or government contract.

The IRCA forbids employers from refusing to accept lawful documentation which establishes an employee’s eligibility to work or demand additional documentation beyond what is legally required by the Department of Homeland Security. The IRCA also prevents employers from taking actions against individuals for asserting their rights under the Act, such as reporting the candidate to ICE. The IRCA claims are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices.

Verdicts & Settlements

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$2.78 Million Jury Verdict

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$4.050 Million Jury Verdict

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Contact Our National Origin Discrimination Attorneys for a Free Consultation

If you were you harassed at work because of where you are from, what you wear, or how you speak? Or if an employer refuses to hire you because of your race, religion, or ethnicity? National origin discrimination encompasses a wide array of discriminatory practices in New York City workplaces.

If a company, boss, or co-worker has treated you poorly, and you believe the misconduct is related to your national origin, you may be entitled to compensation. We want to hear from you. The experienced attorneys at Derek Smith Law Group are ready to answer your questions. Contact us today at 212-587-0760 for your free consultation. We do not collect any money until we win your case.

Different Types of Workplace Discrimination Cases We Handle:

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