It’s important that employees with ancestry from other countries are treated the same as all other employees. Your employer should never act against you based on your perceived national origin or your national origin. There may be a small overlap between national origin discrimination and racial discrimination, but it’s important to note that they are two different types of discrimination. If you’ve been harmed by this type of employer misconduct, it’s important to reach out to a local legal firm that specializes in national origin discrimination.
Various Types of National Origin Discrimination
National origin discrimination is prohibited by law, according to both the Texas Labor Code and the Civil Rights Act of 1964 (Title VII). If your employer is covered by these regulations, they are not legally allowed to make any type of employment decision because of your national origin. The employer should not assign job duties, hire, compensate, fire, promote, or demote based on your nation of origin.
In some situations, national origin discrimination happens when an employee is treated negatively because of their association with or their marriage to someone with a specific ethnic background or different national origin. It’s also possible for national origin discrimination to occur even if the perpetrator and the victim of the discrimination have the same nation of origin. There’s no legal requirement that the perpetrator and victim have to be of different national backgrounds for discrimination to occur.
Harassment is one kind of national origin discrimination. Harassment may consist of negative or offensive remarks about your accent, national origin, or ethnicity. An attorney specializing in national origin discrimination would need to demonstrate that the remarks created a hostile workplace, altering the terms and conditions of employment, and were pervasive or severe.
This type of hostile work environment harassment could be actionable legally if it is based on the perception of a manager, supervisor, coworker, customer, or client’s idea that you are of a specific national origin, even if it is inaccurate. If, for example, you regularly receive postcards of camels in the mail, and then are called negative names because a coworker believes that you are from Iran, even if you are actually from Italy, then complain to your supervisor who tells you to get over it, this could be a case of national origin harassment.
The Immigration Reform and Control Act Protects You
The Immigration Reform and Control Act of 1986 states that your employer cannot discriminate against you as an employee or job applicant based on your immigration status or citizenship. An employer cannot require you to provide extra paperwork beyond what is legally necessary. Contact a local national origin discrimination lawyer if you feel that your rights have been violated under this law.
This Type of Discrimination is Illegal
An accent can be related to your national origin. Discrimination because on your accent could be an example of national origin discrimination. Title VII law says that your employer cannot make an employment decision on this type of characteristic unless the accent directly interferes with your work performance. The employer needs to be able to clearly demonstrate that spoken English is necessary to do your job and that the accent that you have specifically interfered with your ability to communicate clearly in spoken English.
If you can prove that you have a solid command of spoken English, or that you do your job well while speaking English with an accent, there’s a good chance that your employer is violating Title VII if they discriminate against you because of your accent.
Some employers attempt to enforce rules about only speaking English in the workplace. These rules can also constitute national origin discrimination under Title VII. There is no reason to have an English only rule unless it is vital for the business to operate safely. In most situations, there’s no reason that you should be kept from speaking in an alternative language.
Speak with a National Origin Discrimination Attorney Today
Our state has a large number of individuals from other regions and countries. Employers should never take action against you just because you appear to come from another country or have roots in a different place. It can be extremely difficult to face national origin discrimination in the workplace. You may be able to receive damages for your loss. In addition, it is illegal for an employer to retaliate against an employee for submitting a complaint.