Riverside National Origin Discrimination Attorney
National origin discrimination is real, and sadly, it is happening in California. According to the U.S. Equal Employment Opportunity Commission, 16.3% of the discrimination charges it handled in the Golden State in 2019 involved this form of discrimination. While there is no doubt that this problem persists, and that it can be a significant threat to a victim’s career and livelihood, proving it can be difficult. If you believe that you’ve been a victim, reaching out to a Riverside national origin discrimination lawyer is vital to securing your rights and the compensation that you’re owed.
What Is National Origin Discrimination?
In California, a number of federal and state laws work together to ensure that workplace discrimination due to a person’s national origin is illegal. These include Title VII of the Civil Rights Act of 1964, the Immigration and Nationality Act, the Immigration Reform and Control Act of 1986, and California’s Fair Employment and Housing Act.
Thanks to the protections afforded by these laws, it’s unlawful for an employer to discriminate against either an applicant or an employee because of their birthplace, culture, ancestry, or accent. These protections also extend to those who associate with or are mistakenly thought to belong to a particular national origin group.
What Does National Origin Discrimination Look Like?
Like most types of employment discrimination, national origin discrimination can take many forms:
- Refusing to hire or promote a qualified applicant because of their real or perceived national origin or because of their associations with a national origin group.
- Failing to recruit, hire, or promote employees of a specific national origin.
- Engaging in discrimination because of the citizenship or immigration status of an applicant or employee.
- Basing decisions regarding pay, firing, demotion, or job duties on national origin.
- Engaging in or allowing acts of harassment based on national origin.
- Enacting policies that negatively affect only people of certain national origins when these policies are unnecessary for successful business operation.
- Engaging in discrimination because of physical or cultural traits commonly associated with a national origin group.
- Establishing English-only rules.
- Discriminating against someone because of their accent or fluency in English when the matter is not a crucial factor in their job performance.
Who Is Liable for National Origin Discrimination?
Who is liable when an applicant or employee suffers as a result of national origin discrimination in the workplace? In many cases, the employer is. If a manager or supervisor participates in this form of discrimination, liability lands on the employer’s shoulders. If a coworker is acting in a discriminatory manner or creating a hostile workplace, the employer will be held liable if they knew or should have known and failed to take action. What happens when a customer or client is the source of the discrimination or harassment? Again, the employer will be held liable if they knew or should have known and failed to act.
What Steps Should Employers Do to Prevent National Origin Discrimination?
What steps can employers take to keep national origin discrimination out or their workplace?
- Have a strong, clear-cut policy that forbids discrimination and harassment against protected classes and related characteristics, including national origin. Be sure to enforce the policy equally.
- Include an equal employment opportunity statement in all job applications and postings.
- Avoid stating preferences for or against a national origin in job postings and advertise in culturally diverse outlets.
- Never ask about ethnicity or national origin during the hiring process.
- If you utilize pre-employment testing or background checks, screen all applicants and employees equally.
- Avoid isolating or segregating employees by national origin.
- Be mindful when imposing an English-only rule. Any restrictions on language should be narrow and essential to business operations.
Are You a Victim of National Origin Discrimination?
Are you a victim of national origin discrimination? If you’ve been denied a job or promotion or been demoted because of your real or perceived national origin, then you may have a case. If you’ve been harassed about your ethnicity, denied opportunities, treated unfairly, or forced to work in a hostile environment, it might be national origin discrimination. This type of workplace discrimination can happen between people of the same or differing nationalities, and it can be obvious or subtle. Fortunately, when it is identified, victims do have options to fight back. You don’t have to be a U.S. citizen or even be from the targeted nationality to file a complaint. Anyone who experiences discrimination in the workplace as a result of their real or perceived national origin group should consult an experienced national origin discrimination lawyer.
Why Should You Hire a National Origin Discrimination Attorney?
With a complex network of federal and state laws offering protection from national origin discrimination, it can be tough to know how to proceed effectively. That’s one of the reasons why a skilled national origin discrimination attorney can be such a powerful ally. These knowledgeable professionals can evaluate your claim, help you gather the necessary evidence to build a strong case, educate you about your options, aid you in developing a solid legal strategy, and guide you as you take action. They can also assist you in pursuing compensation in the form of reinstatement, compelled hiring or promotion, back or front pay, retroactive benefits and seniority, and legal fees. With a strong case, you may also be able to secure compensatory and punitive damages.
National origin discrimination happens, but the law offers a way to fight back. If you believe that national origin discrimination is hampering your efforts to succeed in the workplace, you don’t have to accept it. As an award-winning California law firm, Rizio Lipinsky is committed to protecting the rights of Californians and battling workplace injustices. If you need a national origin discrimination lawyer who knows how to get results, contact us today to schedule a free consultation at our Riverside office.
- 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.