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If you have been discriminated against in the workplace based on national origin, you may be able to take legal action against your employer. Contact a national origin discrimination lawyer in Florida.
Our experienced attorneys focus on employment law and have a proven track record of handling national origin discrimination cases for clients throughout Florida.
As a job applicant or employee in Florida, you are entitled by law to be free from discrimination on the basis of where you come from. This also applies to many other types of discrimination.
If you are being treated (or have been treated) differently by your employer (or prospective employer) because of where you come from, this is against the law.
You can put a stop to it and potentially receive compensation for discrimination.
As a Florida national origin discrimination lawyer, we can help you:
- Understand your rights according to state and federal laws, including protections under civil rights laws such as the Civil Rights Act of 1964 and the Florida Civil Rights Act
- Assess whether you have a legitimate discrimination complaint
- Pursue legal action if you have been discriminated against based on your nation of origin
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
- Ethnic background
- Culture
- 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 federal law, including 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 country or her 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
WHO IS PROTECTED? UNDERSTANDING PROTECTED CLASSES
National origin discrimination can impact people from a wide range of backgrounds, making it crucial to know who is protected under the law. Both the Florida Civil Rights Act and the Civil Rights Act of 1964 make it illegal for employers to discriminate based on national origin. This means that employees and job applicants cannot be treated unfairly because of their ancestry, ethnicity, culture, or the country they or their family come from.
Protected classes include U.S. citizens, lawful permanent residents, and individuals with valid work authorization. Employers are required to provide fair and equal treatment to all employees, regardless of their national origin, to prevent a hostile work environment.
If you believe you have been subjected to origin discrimination, national origin discrimination attorneys can help you understand your rights and the protections available to you under both federal and state laws.
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), including discrimination based on an employee’s native language
- Refusing to promote or give similar job assignments or titles to people of certain national origins, or taking any adverse employment action or making an employment decision based on national origin or accent
- 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
- An employer’s refusal to hire someone because of their native language or national origin
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. Treating employees differently or allowing them to be unfairly treated because of their national origin or native language is also prohibited under anti-discrimination laws.
EVIDENCE OF NATIONAL ORIGIN DISCRIMINATION
To prove national origin discrimination, it is essential to 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.
Disparate treatment, like receiving lower pay or fewer benefits than coworkers of a different national origin, can also be strong evidence in an employment discrimination case. National origin discrimination lawyers can assist you in collecting and organizing evidence, which may include emails, text messages, witness statements, or performance reviews that highlight unfair treatment.
The Equal Employment Opportunity Commission (EEOC) offers guidance on what constitutes evidence of national origin discrimination and can be a valuable resource as you build your case.
IS DISCRIMINATION THE SAME AS HARASSMENT?
Discrimination and 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. This includes specific types such as national origin harassment, which involves derogatory remarks, insults, threats, or violence based on an employee’s country of origin.
Harassment on the basis of national origin violates both federal and Florida state law. National origin harassment can create a hostile work environment and negatively impact an employee’s job performance.
Offensive or derogatory remarks, ethnic slurs, or racist jokes should not be tolerated any more than physical threats should be.
THE ROLE OF THE EEOC IN NATIONAL ORIGIN DISCRIMINATION CASES
The Equal Employment Opportunity Commission (EEOC) plays a critical role in enforcing federal laws that prohibit national origin discrimination in the workplace. If you experience discrimination in the workplace based on your national origin, you have the right to file a complaint with the EEOC.
The agency will investigate your claim, gather evidence, and determine whether there is reasonable cause to believe discrimination occurred. National origin discrimination attorneys can guide you through the EEOC process, ensuring your rights are protected and your case is presented effectively. The EEOC also provides employers with resources and training to help them understand their obligations under the law and prevent discrimination in the workplace.
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
- Treating someone unfairly because of their skin color, hair texture, or facial features
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. Employees have legal options and can seek advice on race discrimination, racial discrimination, gender discrimination, and sexual harassment.
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. Our firm is committed to making the legal process as stress free as possible for our clients.
PREVENTION AND RESOLUTION: WHAT EMPLOYERS AND EMPLOYEES CAN DO
Preventing national origin discrimination requires commitment from both employers and employees. Employers can foster a fair and inclusive workplace by providing regular training on diversity and inclusion, establishing clear policies that prohibit national origin discrimination, and ensuring all employees receive equal treatment.
Employees play a vital role by reporting any incidents of harassment or unfair treatment to their employer or the EEOC. National origin discrimination lawyers can help resolve disputes and advise on steps to prevent future issues. By promoting diversity, celebrating different cultures, and working together, employers and employees can create a workplace where everyone is treated with respect and discrimination based on national origin is not tolerated.
Frequently Asked Questions
Can you sue for discrimination in Florida?
Yes, you can. Both federal and Florida state laws protect against workplace discrimination based on race, gender, religion, national origin, and other factors. If you believe you’ve been treated unfairly due to a protected characteristic, you have the right to file a complaint and, if needed, pursue legal action. Speaking with an employment attorney can help you understand your options.
How hard is it to win a discrimination lawsuit?
Discrimination lawsuits can be difficult to win, mainly because proving intent or bias isn’t always easy. Success depends on strong evidence—like emails, witness accounts, or patterns of behavior. With the right legal support, though, many people do win these cases, especially when there’s clear documentation of unfair treatment.
What is considered national origin discrimination?
National origin discrimination happens when someone is treated unfairly because of their country of origin, ethnicity, accent, or perceived background. This includes biased hiring, offensive remarks, or unequal treatment at work. It’s illegal under both federal and state law.
Is a discrimination lawsuit worth it?
It can be—especially if you’re facing serious harm or want to hold an employer accountable. Lawsuits may lead to compensation and policy changes, but they can also be time-consuming and emotionally draining. A legal consultation can help you decide if it’s the right step for your situation.
BEEN DISCRIMINATED AGAINST BECAUSE OF YOUR ORIGIN? WHAT CAN YOU DO?
If you have been discriminated against in the workplace based on national origin, and are part of a protected class under laws like Title VII and the FCRA, 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 Florida national origin discrimination attorney, we can help assess your case.
If pursuing legal action is the right option, I will help you take the necessary steps to build your case. If the EEOC issues a Right to Sue letter, you may need to file your claim in federal court within 90 days to protect your rights.
Contact us today for a free initial consultation to discuss your case.
Our experienced legal team also handles clients with other types of employment cases, including:
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