Filing Discrimination Claim Based On National Origin

By Sarala Vanga On Feb 6, 2021

If you have been treated differently based on your national origin, this could be illegal. Any employer who discriminates when making employment decisions based on an employee’s birthplace or ancestry, cultural identity, among others, maybe doing so against the law. Whether you are an American, Indian, Filipino, or of any nationality, you have equal access to employment opportunities in California.

Understanding National Origin Discrimination

National origin discrimination is when an employer treats you differently based on the county you were born in, your culture, ancestry, or accent. When he/she takes action based on these things, you have a right to file a national origin discrimination claim. Such discrimination also relates to:

An employee who has been married to or have an association with a person of a national origin group
Attending to or participating in activities associated with a national origin group
Being a member of ethnic promotion groups

As easy as national origin discrimination may seem easy, sometimes it proves to be cunning. For instance, your employer may refuse to allow certain garments associated with certain religion claiming they are not official.

If any of the above has happened to you, you may claim based on national origin. The fact is that someone subjected to national origin discrimination may also be subjected to other forms of discrimination such as religion. If such happens, one can only look for a top employment law firm in Toronto to help them file a discrimination claim. Your claim will depend on what you have suffered against. For instance, your lawyer may advise you to file a claim with the Equal Employment Opportunity Commission or Immigrant and Employee Rights. Each claim has a specific timeline in which it should be filed.

Fighting National Origin Discrimination

In California, most employers violate the law knowingly through the below:

Use of accent and language discrimination: While rules based on English- Only when making job decisions based on an employee’s accent may not be legal, these are always associated with the national origin and, in some circumstances, may qualify for a claim. If you have a claim based on your language and accent, the court scrutinizes it to ensure the rules applied by your employer were not illegal and that any rule was meant for business reasons. It may be tricky to prove that your employer discriminated against you based on your accent or language. For instance, customers may be complaining they cannot understand your instruction on a certain product.
If your employer shifts you from the customer service department, this may not be illegal, and such would be done legitimately. The same transfer might be illegal if you were transferred because of your accent and not because it had anything to do with your performance. That way, you can prove there were accent and language discrimination.
Language fluency: Your employer may also require fluency in the language you speak. Again this should be in line with the business reasons. Your employer must clearly show the reason. Again, such rules may not be for specific employees.
English-Only requirement: Depending on the business needs, any employer who prohibits employees from speaking any other language other than English may be doing so legally. However, the requirement shouldn’t be used in a discriminatory way. In some instances, the rule may be too extensive if it’s to be applied to workers even during breaks or even when a customer who speaks the same language as the employee is present. But if it’s to promote good communication in the workplace, it’s legal.
Preference-based on citizenship requirements: An employer cannot make employment decisions based on citizenship or give preference to those citizens who are U.S citizens only. If there is any citizenship requirement, then it should be applied to all employees. Nevertheless, if their job requirements explicitly state that U.S citizenship is a requirement in a given job, an employer must follow that. Many scenarios under citizenship may subject your employer to being liable for discrimination.

Anything deemed to touch national origin and could affect an employment decision is closely examined by the court in any claim. Thus, your employer’s employment decision, which seems to impact you negatively, may qualify for national origin discrimination in the workplace.

Also, Read: The Various Advantages of Hiring a Personal Attorney

Hire A Lawyer To Handle Your National Origin Discrimination Claim

Experienced employment lawyers better handle national origin discrimination cases. Such a lawyer is capable of explaining the right steps to take for success in your claim. You cannot be denied a job because of your national origin; you only need to show that your rights as an employee have been violated by pointing out that others of a different national origin were treated differently by your employer. You should take note of your employer retaliating against you because of your complaint. If this happens, you have a right to make another retaliation complaint or even have your national origin discrimination claim amended to include your retaliation claim.