National Origin Discrimination in California
Updated: Mar 4
How To Report National Origin (Nationality) Discrimination In The Workplace
Discrimination toward national origin entails treating persons (applicants or employees) unfavorably because they are from a particular country or region of race or dialect, or because (even though they are not), they tend to be of a specific ethnic heritage.
Discrimination on national origin can also include treating individuals unfavorably because they are married to (or associated with) a person of a specific national origin. Workplace discrimination will occur if the victim is of the same national origin as the person who perpetrated the discrimination. You should immediately consult with a an employment lawyer if you have experienced any type of discrimination in the workplace.
Workplace Discrimination
The law prohibits workplace discrimination, including recruiting, termination, compensation, work assignments, promotions, layoffs, training, fringe benefits, and any other concept or condition of employment based on the employee's nationality.
National Origin & Harassment In The Workplace
Harassing an employee in the workplace because of his or her national origin is unlawful. Harassment may involve insulting or derogatory comments about an individual's national heritage, accent, or ethnicity.
While the law does not prohibit simple mockery, offhand statements, or isolated events that are not very serious, workplace harassment is illegal when it is so frequent or extreme that it produces a hostile or offensive work environment.
The harasser can be an immediate supervisor or a supervisor from another department, a co-worker, or someone who, such as a client or customer, is not an employee of the employer.
Employment Policies
California law is very clear, and it is illegal for an employer or other agency to use an employment policy or procedure that is available to all persons, irrespective of national origin, if it has a detrimental effect on persons of such national origin and is not connected to, or required for, the functioning of the enterprise. An employment lawyer will be able to assess your case and determine if you have a viable case.
Only if fluency in English is required to perform the job efficiently can an employer expect an employee to speak fluent English? An "English-only law" requiring workers to speak only English on the job is tolerated only if necessary to ensure the employer's company's secure or successful operation.
An employer does not base a labor decision on an employee's foreign accent unless the accent substantially interferes with the employee's job performance.
Citizenship Discrimination
The 1986 IRCA Act (Immigration Reform and Control Act) makes it illegal for an employer to discriminate based on a person's citizenship or immigration status concerning hiring, firing, or recruitment or referral for a fee.
Unless authorized to do so by statute, policy, or government contract, the
the law forbids employers from recruiting only U.S. citizens or legal permanent residents.
When confirming employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9) based on the employee's nationality or citizenship status, employers can not refuse to recognize valid documentation that confirms an employee's employment eligibility or additional request documentation beyond what is legally required.
It is the employee's option to display which of the appropriate Form I-9 documents to verify eligibility for jobs. Consult with a pre-screened employment lawyer if you feel that you've been discriminated against.
How To Report Discrimination In The Workplace Based On Nationality
For immediate case analysis by a certified and pre-screened California employment lawyer, you may submit an employment discrimination claim 24 hours by clicking here or by calling the employee right's hotline at 1-661-310-7999.
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