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National Origin Discrimination
Unlike some of the other laws, the National Origins laws are actually very widespread. It can be reduced down to a simple, “Don’t discriminate based on national origin”, but it is actually much larger than that. The laws include:
Hiring and Firing Decisions – Hiring and firing is a tough decision for an employer. They have to carefully pick and choose those who would be the best at the job, and let go of those who are failing to perform. However, some employers will hire based on who they like the best. EEOC laws state a hiring decision cannot be based on race, ethnicity, national origin, accent, or ability to speak English (unless it materially interferes with their job performance).
Harassment – When a person is already working for an employer, they have the right to a safe and harassment free workplace. Derogatory remarks about their country of origin, such as ethnic slurs, are not acceptable. If the employer fails to take corrective action, he or she is violating federal laws.
Language – Discrimination based on language is perhaps the biggest part (aside from color of skin) when it comes to national origin discrimination. An employer cannot make the decision to hire a person based on how well he or she speaks English, or based on their accent. Similarly, an employer cannot make English fluency rules, or English only rules. The exception is if one’s ability to speak English interferes with properly performing their job duties. For example: maintenance rarely requires the ability to speak English fluently, but direct sales does.
Filing a National Origin Discrimination Lawsuit
There are times when the discrimination is well hidden and it is hard to determine if the employer was discriminating, or picking a better candidate. However, there are many other times when the discrimination is blatant (harassment, ethnic slurs, derogatory remarks), such as the recent case with MESA Systems in 2013.
If you feel your rights were violated, or you were treated differently based on your national origin, you may be able to file a national origin discrimination lawsuit. Your first step is to contact an attorney from Phillips Dayes Law
Contact a Phillips Dayes Attorney Regarding Your National Origin Lawsuit
To get the process started, all you have to do is fill out the contact form on this page, or call 1-800-917-4000. From there a highly trained discrimination attorney will help walk you through the steps on what you need to do to get the justice that you deserve.
Attorneys with Phillips Dayes can handle cases from clients who live in all 50 states.