Were you treated unfairly at work because of where you come from?

Were you passed over, paid less, harassed, or fired because of where you or your family come from, your accent, or your ancestry?

Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act ban employers with 15 or more workers from treating you differently because of your birthplace, ancestry, ethnicity, culture, or accent. You are protected whether or not you are a U.S. citizen, and it is illegal for your employer to punish you for reporting it.

If you win your case, you can seek back pay, damages for emotional harm, punitive damages, and your attorney’s fees. Florida law does not cap damages for emotional harm. Your deadline to file starts on the day of the discrimination, so the sooner you act, the more options you keep.

Key takeaways

  • Title VII and the Florida Civil Rights Act cover employers with 15 or more employees. A separate federal law covers hiring and firing at businesses with 4 to 14 employees.

  • You have 300 days to file a charge with the EEOC or 365 days to file with the Florida Commission on Human Relations.

  • A charge filed with one agency counts as filed with the other.

  • Under EEOC rules, an English-only rule that applies at all times is presumed to be discriminatory.

  • Under Title VII, emotional harm and punitive damages combined are capped at $50,000 to $300,000, depending on employer size. Back pay is not part of the cap.

  • Firing, demoting, or cutting the hours of someone who reports discrimination is a separate illegal act called retaliation.

About the national origin discrimination lawyers at Brenton Legal

Brenton Legal has represented Florida employees since 2015. Our attorneys bring over 40 years of combined legal experience, and employment law is the focus of our practice.

Our partners know the employer side from the inside. Ryan Brenton served as General Counsel for a large service-industry corporation. Alison Churly spent over six years as General Counsel for the Broward County Clerk of Courts, an office with more than 500 employees. Travis Beal litigated for insurance carriers, financial institutions, and businesses before joining the firm.

We know how employers build a defense against discrimination, because we used to help build them.

That experience carries into the courtroom. Ryan has handled complex litigation and class actions involving discrimination, harassment, and retaliation in federal courts in Florida and Colorado. Earlier in her career, Alison secured a seven-figure award in a gender discrimination, sexual harassment, and retaliation case.

Here is what you can expect when you work with us:

  • Straight answers: You’ll know the strengths and weaknesses of your case from the first conversation.

  • A team, not one lawyer: Several attorneys can review your case and help shape your strategy.

  • Full attention: We are selective about the cases we take, so every client gets our focus.

  • Help across Florida: We represent employees statewide from our Jupiter office, and you don’t need to meet us in person.

Our firm has received an average rating of 4.9 across 70 Google reviews. We can represent you whether you’re a minimum-wage worker or a top-level executive. Start with a free consultation.

Get A Consultation: Call 1-954-639-4644 or Book Online

What does the law say about national origin discrimination?

The laws against discrimination based on national origin cover the following:

  • Birthplace (country or area of the world).

  • Ancestry or ethnicity.

  • Ethnic background.

  • Culture.

  • Language or accent (linguistic characteristics of a national origin group).

It is unlawful for your employer or coworker, or anyone looking to recruit for a job, to discriminate against you based on any of the above.

You are protected by Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act. Florida law states that national origin includes ancestry, so you are protected even if you were born in the U.S.

These laws apply even if:

  • You appear to be of a particular country or another national 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.

Does your employer have to be a certain size?

Yes. The number of employees decides which law protects you and where you file.

EMPLOYER SIZE LAW THAT APPLIES WHERE YOU FILE FILING DEADLINE
15 or more employees Title VII and the Florida Civil Rights Act EEOC or the Florida Commission on Human Relations 300 days (EEOC) or 365 days (FCHR)
4 to 14 employees Immigration and Nationality Act, 8 U.S.C. § 1324b (covers hiring, firing, and recruiting) U.S. Department of Justice, Immigrant and Employee Rights Section 180 days
3 or fewer employees National origin laws above do not apply Talk to us about other possible claims Varies

Small employers are not off the hook, but the rules and deadlines change, so check your employer’s

Who does the law protect?

National origin discrimination can impact people from a wide range of backgrounds. You do not have to be a U.S. citizen to be protected. Title VII and the Florida Civil Rights Act cover employees and job applicants of every nationality.

An employer also cannot use a ‘U.S. citizens only’ rule as a cover for national origin discrimination. If an employer treats you differently because of your citizenship status, a separate federal law may protect you.

If you believe you have been subjected to national origin discrimination, our attorneys can help you understand your rights and the protections available to you under both federal and state laws.

What does national origin discrimination look like?

The laws cover the following types of employer actions:

AREA OF WORK WHAT IT CAN LOOK LIKE
Hiring Rejecting a candidate because of a Middle Eastern appearance, an accent, or a foreign-sounding name.
Pay and benefits Paying an immigrant worker less than a coworker who does the same job.
Promotions and training Repeatedly passing over a qualified employee of Central American ancestry, or denying training offered to others.
Language rules Banning other languages at all times, including during breaks.
Accent Firing or demoting someone for an accent that does not affect their ability to do the job.
Harassment Slurs, “go back to your country” comments, or jokes about someone’s culture.
Retaliation Cutting hours or firing someone after they complain about any of the above.

If any of these sounds familiar, your employer may owe you compensation.

This problem is common in Florida, and it happens close to home. In 2024, nursing home operators in Hobe Sound, just north of Jupiter, agreed to pay $67,500 to settle an EEOC lawsuit. The EEOC charged that a Haitian applicant lost her job offer as a nursing home administrator after the owner and manager made comments about “voodoo” and “Haitian rituals.”

Can your employer ban you from speaking Spanish at work?

Not at all times. Under EEOC rules, a rule requiring English only, all the time, is presumed to be discriminatory.

An employer can require English at certain times. That could be when speaking with English-only customers or during emergencies, but only if it can demonstrate a real business need and informs employees of the rule in advance. A ban that covers your breaks, lunch, or private calls is a red flag.

Is discrimination the same as harassment?

Discrimination and harassment in the workplace are different, but both are unlawful.

The difference comes down to how you are treated and who is doing it:

  • Discrimination: Your employer treats you worse than others because of your national origin. For example, you get fewer shifts than coworkers born in the U.S.

  • Harassment: Someone at work targets you with insults, threats, or slurs because of your national origin, and it is severe or frequent enough to make work hostile. For example, a supervisor mocks your accent in front of the team every week.

Offensive or derogatory remarks, ethnic slurs, or racist jokes should not be tolerated any more than physical threats should be.

What evidence proves national origin discrimination?

To prove national origin discrimination, we must gather evidence that shows you were treated unfairly or harassed because of your national origin. This evidence can take many forms, such as derogatory comments, ethnic slurs, or being assigned less favorable job duties compared to other employees.

Evidence that helps prove your case includes:

  • Emails, texts, or chat messages with slurs or comments about your background.

  • Pay stubs that show you earn less than coworkers doing the same job.

  • Performance reviews that turned negative after a new manager arrived or after you complained.

  • Names of coworkers who saw or heard what happened.

  • Your own written notes with dates, times, and exact words.

Be careful before you record anyone. Florida requires every person in a private conversation to agree before it is recorded. A secret recording could expose you to criminal charges and may not be usable as evidence.

Talk to us first. We help you organize this evidence so it tells a clear story to the EEOC, a mediator, or a jury.

What should you do right now if you’ve been discriminated against?

If you think you’ve faced national origin discrimination, take these three steps:

  • Start a dated log tonight. Write down each incident, the exact words used, and who was there. Notes made at the time carry more weight than memories months later.

  • Count from the date of each incident. Every separate act, like a demotion or firing, has its own 300-day deadline to file with the EEOC, so the earliest one runs out first.

  • Book a free consultation before you quit or confront anyone. Resigning or making an angry complaint can weaken your claim, and a brief call can prevent both.

We can review your documents and deadlines in a free consultation.

Get A Consultation: Call 1-954-639-4644 or Book Online

How do you file a national origin discrimination claim in Florida?

You can file with the EEOC or the Florida Commission on Human Relations (FCHR). The agency may investigate your claim, gather evidence, and decide whether there is reasonable cause to believe discrimination occurred.

A charge filed with one agency counts as filed with the other, but the deadlines are different, and missing one can end your case.

These are the key deadlines for a national origin discrimination claim in Florida:

  • File a charge with the EEOC: Within 300 days after the discrimination.

  • File a complaint with the FCHR: Within 365 days after the discrimination.

  • File a Title VII lawsuit: Within 90 days after you receive the EEOC’s Notice of Right to Sue.

  • File a Florida Civil Rights Act lawsuit: Generally, within 1 year after the FCHR’s cause finding or the EEOC’s Notice of Right to Sue, whichever comes first. Other timelines apply if the FCHR does not decide within 180 days.

Because these deadlines overlap, we track every date for you from the first consultation.

How much compensation can you get for national origin discrimination?

Your compensation depends on what you lost, how your employer behaved, and which law you file under.

TYPE OF RECOVERY WHAT IT COVERS TITLE VII (FEDERAL) FLORIDA CIVIL RIGHTS ACT
Back pay Lost wages and benefits. Yes, up to 2 years before your charge. Yes, up to 2 years before your complaint.
Reinstatement or front pay Your job back, or pay until you find similar work. Yes. Yes.
Compensatory damages Emotional distress, mental anguish, loss of dignity. Yes, but capped (see below). Yes, no cap.
Punitive damages Extra damages when an employer acts with malice or reckless disregard. Yes, but capped; not available against government employers. Up to $100,000; not available against the state or its agencies.
Attorney’s fees and costs Your legal fees if you win. Yes, at the court’s discretion. Yes, at the court’s discretion.

Under federal law, the total of compensatory and punitive damages is capped by employer size.

The federal damages caps are:

  • 15 to 100 employees: $50,000.

  • 101 to 200 employees: $100,000.

  • 201 to 500 employees: $200,000.

  • More than 500 employees: $300,000.

Back pay is not part of these caps. Because the Florida Civil Rights Act does not cap emotional distress damages, filing under state law, federal law, or both is a strategic choice we make with you.

Can your employer punish you for reporting discrimination?

No. Federal law and Florida law make it illegal to fire, demote, or cut the hours of someone who complains about discrimination, files a charge, or helps with an investigation.

Retaliation is a separate claim, and it can add to your compensation. Talking to a lawyer before you report helps you do it in a way that protects you.

How can a Florida national origin discrimination lawyer help you?

Here is how we handle your case from the first call:

STEP WHAT WE DO FOR YOU
Free case review We listen to what happened and tell you plainly whether you have a claim, including its weak spots.
Deadline check We calculate your EEOC and Florida Commission on Human Relations deadlines to keep your claim alive.
Evidence plan We help you gather pay records, messages, and witness names before they disappear.
Agency charge We draft and file your charge of discrimination with the right agency.
Settlement or lawsuit We negotiate for a fair settlement and file suit in state or federal court if your employer won’t pay what you are owed.

Get A Consultation: Call 1-954-639-4644 or Book Online

Testimonials

Here’s what past clients have been saying about us.

“Accommodating, professional, helpful, understanding”

“Attorney Travis, did all the works and file all the paperwork with the EEOC. Travis works fast and very accommodating, professional, helpful, understanding and works for his clients…In the end, I was happy with our results. Thank you, Attorney Travis for being my legal help. Your are the best, and I will recommend Brenton Legal for your legal help in workplace discrimination.”

T.M.

“Responsive, compassionate, and delivers results”

“From the very beginning, they were professional, knowledgeable, and genuinely cared about my case. They kept me informed throughout the entire process, answered all of my questions, and fought hard to get me the best possible outcome. If you’re looking for an attorney who is responsive, compassionate, and delivers results, I would definitely recommend them.”

P.B.

“Fantastic”

“I cannot recommend these people and especially Mike Oh, enough. They were fantastic. And I did it from across the state without ever having to meet face to face. It does not get easy or better than that.”

M.P.-G.

Related employment cases

National origin discrimination often comes with other illegal treatment at work.

We also help Florida employees with these related claims:

  • Race discrimination: Many national origin claims also involve race or color, and we can pursue both in one case.

  • Workplace harassment: Repeated slurs, mocking your accent, or “go back to your country” comments can create a hostile work environment.

  • Employer retaliation: If you were written up, demoted, or fired after complaining about discrimination, you may have a separate retaliation claim.

  • Wrongful termination: Florida is an at-will employment state, but firing someone because of their national origin is still illegal.

  • Workplace discrimination: We also handle discrimination based on age, disability, pregnancy, gender, and sexual orientation.

Tell us everything that happened in your consultation, and we’ll look at every claim that may apply.

Florida national origin discrimination FAQs

Yes. Title VII and the Florida Civil Rights Act protect employees and job applicants, whether or not they are U.S. citizens. Your immigration status does not give an employer the right to harass you, pay you less, or fire you because of your ancestry, accent, or birthplace.

You have 300 days from the discriminatory act to file with the EEOC and 365 days to file with the Florida Commission on Human Relations. One filing can count for both agencies. If you miss these deadlines, you can lose your right to sue, so act quickly.

It can be. The EEOC treats accent and language as national origin traits. Repeated jokes, mimicking, or slurs about your accent can create a hostile work environment. An employer can only make job decisions based on your accent if it seriously interferes with your ability to do the job

Your first consultation with Brenton Legal is free. We review what happened, check your deadlines, and tell you honestly whether you have a claim. We handle national origin cases on a contingency fee, so you pay attorney’s fees only if we recover money for you. If there is no recovery, you may owe case costs such as filing fees, depositions, and expert fees.

Ready to hold your employer accountable?

Book a free consultation, and a Brenton Legal attorney will review what happened, check your deadlines under Florida and federal law, and give you a straight answer about what your claim could be worth. You do not need to have all the evidence before you call. We will help you gather it.

Get A Consultation: Call 1-954-639-4644 or Book Online

Legal references

In the interest of accuracy, this page is informed by the following primary legal resources:

Ryan-Brenton

Last Modified: October 19, 2026

Ryan Brenton

Ryan Brenton, the founding partner of Brenton Legal PA, is a distinguished employment lawyer with a profound experience in a variety of employment disputes.

His practice encompasses complex litigation, wage and hour class action cases, and discrimination, harassment, and retaliation claims. Representing a diverse clientele, from minimum wage workers to executives, Ryan has successfully argued cases in both state and federal courts, as well as in administrative proceedings. His legal acumen has earned him a national reputation and respect from clients and peers alike.

A graduate of Nova Southeastern University, Shepard Broad Law Center, and holding a B.S. in Economics from Florida Atlantic University, Ryan’s legal prowess is underpinned by a solid educational foundation. His commitment to justice and fairness in the workplace marks him as a trusted advocate in the field of employment law.

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