San Bernardino National Origin Discrimination Attorney
When you go to work each day, there are laws that protect you from different forms of discrimination. While most people have heard of gender discrimination, many people are not familiar with workplace discrimination cases involving someone’s national origin. If you think that your employer has treated you unfairly, a national origin discrimination lawyer can help you decide on the next steps for your case.
What Is National Origin Discrimination?
National origin discrimination may refer to the following things.
- Your ancestry.
- Your nationality.
- Your culture.
- Your citizenship status.
- Your linguistic characteristics.
According to Title VII of the Civil Rights Act of 1964, workplace discrimination is against the law. There are also state and local laws that say employers cannot discriminate against you because of your national origin. Employers may violate this law if they treat certain applicants less favorably, terminate them, or limit their promotion opportunities based on their national origin. If an employer does not give you a job offer because of your national origin, it is against the law.
Your employer must also protect you from harassment at work. If your co-workers or other parties at work, try to harass you based on your national origin, your employer could become the subject of a lawsuit. Employers are not supposed to let employees be subjected to pervasive, severe harassment.
According to the U.S. Equal Employment Opportunity Commission, national origin discrimination involves treating employees unfavorably because of where they are from and their ethnicity. It can even involve treating someone badly because they appear to be from a certain ethnic background even if they are not actually from that background. It may also involve treating someone unfairly because they are connected to or married to someone who is from a certain national origin.
There are a variety of ways an employer could discriminate against you. Discrimination can happen in connection to hiring, layoffs, training opportunities, fringe benefits, promotions, pay, and other employment terms. It may also involve some kind of harassment that creates an offensive or hostile work environment. If you or someone you know is a victim of harassment or discrimination, a national origin discrimination attorney can help you seek restitution.
How Do You Know If You Are a Victim?
Whether you live in San Bernardino or other parts of the country, you could be a victim of workplace discrimination. While discrimination can take many different forms, you can often tell by seeing if there are fixed roles or a lack of diversity in your workplace. If you have noticed the following signs at your work, you may need the help of a national origin discrimination lawyer.
- Demeaning communication: The tone supervisors use may be grounds for a discrimination lawsuit if it involves a harsh tone, offensive jokes, or references to the employee’s national origin.
- Lack of diversity: Sometimes, you can tell if a workplace has a discrimination problem by just looking at it. If everyone at work has the same gender, sexual orientation, race, or national origin, there is a good chance that workplace discrimination is going on.
- Changes in your responsibilities: One of the main ways managers discriminate against employees is by changing their workplace responsibilities. They may give you too many tasks or tasks that you cannot possibly complete. Managers do this because they want to build a case for terminating the employee involved.
- Fixed roles: When a workplace discriminates against employees because of their gender, race, or national origin, you can tell by looking at people in managerial positions. If only one gender or race holds managerial positions, then it is a sign there may be discrimination going on behind the scenes.
- Missed promotions: If you have the right skills for a job promotion and work hard, then you should naturally get a promotion. You may be dealing with workplace discrimination if you keep getting passed over for new opportunities. This is especially true if the person who ends up with the promotion has less experience or talent than you do.
- Unfair discipline: Sometimes, managers will take disciplinary actions that are unfair in order to create a paper trail for firing an employee.
Who Can Sue Because of National Origin Discrimination?
Title VII covers any companies that have 15 or more employees. This means anyone who works for state agencies, their local government or a private employer is covered as long as the organization has enough employees. Federal employees have to go through different procedures to file a discrimination claim. If your company has less than 15 employees, it may still be considered a covered employer if it is operating under a parent or subsidiary corporation.
If the court finds an employer responsible for discrimination or retaliation, the employee may be entitled to different remedies. These remedies may include back pay, retroactive seniority, reinstatement, compelled promotion, retroactive benefits, front pay, compelled hiring and attorneys’ fees. The employer may also have to pay for compensatory and punitive damages.
Prevention in the Workplace
If you have been a victim of discrimination, you can talk to a national origin discrimination attorney in San Bernardino about your case. Workplaces can also take preventative measures to stop discrimination from occurring. New hires and current employees can be trained on ways to spot discrimination. In addition, reporting mechanisms can make it easier for employees to get help if they think they have been subjected to some form of discrimination. Workplaces should also create written policies about discrimination.
Why You Should Hire a Lawyer
A national origin discrimination lawyer can help you determine if you have a discrimination case. Unless you have a lot of experience with legal matters, building a case can be challenging. You have to compile evidence, interview witness, and file all of your court documents on time.
Unfortunately, the other side will do everything possible to prove your claim wrong. Employers do not want to lose money because of discrimination or harassment, so they will fight these cases as much as possible. With the help of a national origin discrimination attorney, you can combat the opposing party’s argument and achieve a better resolution for your case. If you need help after suffering from discrimination, contact the team at Rizio Lipinsky today.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.