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National Origin Discrimination Overview
Title VII of the Civil Rights Act of 1964 and the Texas Labor Code forbid employers and potential employers from discriminating against employees and job applicants on the basis of their national origin. These laws prohibit employers from discriminating against employees with ancestry from other countries when they are:
hiring, training, benefits awards and restrictions, compensation, promotions, firing, layoffs, harassment, and other terms and privileges of employment
While national origin discrimination can sometimes overlap with racial discrimination, they two separate forms of discrimination. In practice, national origin discrimination often loos like
- Inappropriate jokes or comments about an employee’s national origin, ethnicity or accent
- Mocking an employee’s accent
- Derogatory slurs
- Inappropriately stereo-typing an employee based on his national origin. For instance, assuming that an employee from Canada is incapable of being aggressive in the appropriate circumstance.
- Assuming that an employee is form a certain national origin based on their physical appearance. For instance, if an employee is called derogatory names because coworkers or the employer believe the employee is from Mexico when he is really from Guatemala, it could constitute national origin harassment.
Like racial discrimination, national origin discrimination can occur even when the harasser and victim are of the same national origin.
The Immigration Reform and Control Act of 1986
Employers are also prohibited from discriminating against employees based on their citizenship or immigration status. An employer cannot require an employee to submit additional documentation relating to their status, beyond that which is legally required.
No Accent and “English-Only” Rules Are Discriminatory
National origin discrimination can often involve discrimination based on an employee’s accent. The law prohibits employers from basing employment decisions on an individual’s accent unless the accent materially interferes with work performance. Similarly, employers cannot institute English-only rules unless they are absolutely necessary for the business to run safely and efficiently.
Carter Law Group Fights For National Origin Discrimination Victims
Victims of national origin discrimination can be entitled to back pay, front pay, liquidated damages, attorney’s fees, and/or job reinstatement. But timing for a discrimination case is critical. Contact a Dallas, Texas national origin discrimination lawyer at Carter Law Group, to immediately begin building a strong and effective case.
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