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If you have a claim against an employer or coworker, I will fight your case.
I will let you know if you have a claim or not after your free consultation.
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I work entirely on a contingency basis. If we don’t win, you don’t pay.
What does the law say about national origin discrimination?
The laws against discriminating on the basis of national origin cover the following:
- Birthplace (country or area of the world)
- Ancestry or ethnicity
- Language or accent (“linguistic characteristics common to a specific ethnic group”)
It is unlawful for your employer or coworker, or anyone looking to recruit for a job, to discriminate against you on the basis of any of the above.
You are protected according to Title VII of the Civil Rights Act of 1964 and as laid out here by the U.S. Equal Employment Opportunity Commission.
These laws apply even if:
- You appear to be of a particular ethnic origin (but are not) and are treated differently because of it
- You are treated unfavorably because you are married to (or associated with) a person of a certain national origin
- You are discriminated against by someone of the same national or ethnic origin as you
Examples of national origin discrimination
The laws cover (but are not limited to) instances of the following:
- Making statements or specifications of national origin when recruiting for a job
- Stipulating that employees must speak only English in the workplace (unless adequately demonstrated that this is necessary for conducting business and employees are duly informed about the rule)
- Refusing to promote or give similar job assignments or titles to people of certain national origins
- Providing lower compensation (wages, salaries, benefits) for people of certain national origins than for others
- Denying training or benefits that are offered to employees of other national origins
- Retaliating against someone who makes a complaint or files charges of national origin discrimination against the employer
Unfortunately, national origin discrimination levels are high in the U.S.
In Florida, for instance, if an employer rules that no Spanish is to be spoken in the workplace, it is unacceptable and against the law.
Is discrimination the same as harassment?
Discrimination and harassment in the workplace are different but both are unlawful.
- Discrimination: being treated differently to others on the basis of national origin or other prohibited categories.
- Harassment: being mistreated by another person based on national origin or other prohibited categories.
Harassment on the basis of national origin violates both federal and Florida state law.
Offensive or derogatory remarks, ethnic slurs, or racist jokes should not be tolerated any more than physical threats should be.
Have you lost out at work because of national origin discrimination?
National origin discrimination might be clear and obvious, such as:
- Not hiring a candidate for a job because they have a Middle Eastern appearance
- Paying an immigrant lower wages than another employee who does exactly the same work
- Consistently passing over a well-qualified candidate for promotion because of their Central American ancestry
However, discrimination can be more subtle too.
It could be denying training or personal development opportunities or denying certain benefits for some ethnic groups.
People who feel that they are being treated differently to other coworkers in their organization because of where they come from can face:
- Restricted career advancement
- Financial handicaps
- Health and wellbeing issues
It is important to call out national origin discrimination for what it is.
You are entitled to stand up for your rights and you will be protected from being retaliated against by Florida’s employment discrimination laws.
There is no need to fear losing your job. Seek the right legal advice beforehand and you can protect yourself.
Been discriminated against? What can you do?
If you have been discriminated against in the workplace based on national origin, you may be able to take legal action that requires your employer to:
- Take action to restore you to the same position you would have been in if the discrimination had not taken place
- Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
- Prevent future acts of discrimination
If you are just starting to experience national origin discrimination, keep a record of the instances when it occurs and try to make a note of potential witnesses amongst your coworkers.
As an experienced employment discrimination attorney, I can help assess your case for national origin discrimination.
If pursuing legal action is the right option, I will help you take the necessary steps to build your case.
From here, we need to:
- Assess your claim. Start by booking a free phone consultation below.
- Decide whether to pursue a complaint after our consultation.
- File a complaint or lawsuit with a local or federal agency, or state or federal court.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
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