Las Vegas Lawyer For National Origin Discrimination Claims
National origin discrimination is harassment or discriminatory action against a person in the workplace because of his or her birthplace, ancestry, culture, language or accent. Discriminating against a person because of his or her national origin is illegal. So is discriminating against a person because they‘re married to or associated with persons of a particular national origin.
It’s a sad and unfortunate reality that people experience harassment, a hostile environment, or other discrimination in the workplace simply due to their national origin. However, the fact that it happens doesn’t make it right and doesn’t mean something can’t be done about it. At Paul Padda Law, we’re dedicated to protecting workers rights. If you’re experiencing national origin discrimination in the workplace, call us today at (702) 707-7000 or get in touch with us through this website.
What Is National Origin Discrimination?
When an employer treats their employees or job applicants unfavorably because they appear to be from a certain country or ethnic background, it constitutes national origin discrimination.
If you’ve been fired, not hired or harassed in the workplace because of your accent, your facial features, or because you are associated with or married to a person of a different national origin, this too is unlawful.
In order to be actionable, the discriminatory conduct has to be more than just simple teasing, a single isolated incident or an off-handed comment. Instead, in order to be discriminatory, the comments must be frequent and severe and create an objectively hostile/offensive work environment.
The law is not just limited to employers either. It can include the following:
- Direct supervisors
- Managers/supervisors in another department
- Coworkers
- Clients
- Customers
To foster a safe, positive, and productive work environment, many employers create office policies and practices for their team. It is illegal, though, if these practices apply, on their face, to everyone (despite their national origin) but have a negative impact on a specific person or group of people from a different country, ethnic group, race, or background. The policies in place must be job-related and essential to business operations.
For example, some employers have an English-only rule, in which employees are only allowed to speak English while on the job. Such a rule is legal only if it’s in place to ensure the safety and efficiency of the business, as well as the employee’s job performance. Putting such a rule in place for any other reason can constitute discrimination against non-English speaking employees or those who are not fluent in the language.
Which Federal Laws Protect Employees From National Origin Discrimination?
There are primarily two federal laws that protect employees from national origin discrimination.
They are as follows:
1. Title VII of the Civil Rights Act of 1964
The purpose of Title VII is to protect people from discrimination during all employment processes, including:
- Recruitment
- Hiring
- Layoffs
- Job termination
2. The Immigration and Nationality Act (INA)
The INA is an amendment to the Immigration Reform and Control Act of 1986 (IRCA). The INA protects employees from discrimination based on their citizenship or immigration status.
It also prohibits document abuse, as when an employer or potential employer demands more than one document or documents that are not required to verify a potential employee’s identity or employment eligibility. Employers are not allowed to reject genuine-looking documents, nor are they allowed to specify that they only accept one type of document over another.
Which Federal Laws Protect Employees From National Origin Discrimination?
There are primarily two federal laws that protect employees from national origin discrimination.
They are as follows:
1. Title VII of the Civil Rights Act of 1964
The purpose of Title VII is to protect people from discrimination during all employment processes, including:
- Recruitment
- Hiring
- Layoffs
- Job termination
2. The Immigration and Nationality Act (INA)
The INA is an amendment to the Immigration Reform and Control Act of 1986 (IRCA). The INA protects employees from discrimination based on their citizenship or immigration status.
It also prohibits document abuse, as when an employer or potential employer demands more than one document or documents that are not required to verify a potential employee’s identity or employment eligibility. Employers are not allowed to reject genuine-looking documents, nor are they allowed to specify that they only accept one type of document over another.
How To Prove National Origin Discrimination
As with any discrimination case, you’ll need to provide proof that you were treated differently or harassed due to your national origin.
The EEOC needs proof that:
You can provide evidence to the EEOC in various ways, including:
Best Lawyers For National Origin Discrimination Claims In Nevada
If you’ve been the victim of harassment and discrimination, you need an effective advocate in your corner. The legal team at Paul Padda Law has fought numerous cases of workplace discrimination. We’ll work hard for you, using our knowledge, education, and experience to help you get a satisfactory outcome from your discrimination claim or lawsuit. Call us today at (702) 707-7000 or get in touch with us through this website.