National Origin Discrimination
The U.S. workforce is diverse, having attracted people from all over the world throughout our country’s history. National origin was included in the list of protected classes when the Civil Rights Act was enacted in 1964. Further protections were established under our U.S. immigration laws and various state laws.
Schneider Wallace Cottrell Konecky LLP has more than 25 years of experience in employment discrimination litigation. Our firm has been at the forefront of the many changes in our culture and our laws that affect the rights of foreign nationals living and working in the United States. We are uniquely qualified to handle complex complaints for individuals and classes of plaintiffs.
What is National Origin Discrimination?
U.S. law forbids discrimination based upon national origin in such employment decisions as job postings, recruitment, income, benefits, promotions, job assignments, work shifts and workplace conditions.
The discrimination might be based on perception. An employer might mistakenly believe the worker is from a certain country because of her appearance, accent, dress, mannerisms or tastes. Also, the protections extend to the spouse and adoptive parents of people of a foreign national origin.
Discriminatory Company Policies
A company policy that applies to all employees discriminates against people of a certain nationality if the result of the policy is discrimination. A policy that has a discriminatory outcome must serve a job-related, nondiscriminatory purpose. Therefore, an “English only” rule might be necessary to promote a safe, efficient operation, even though it also discriminates against non-English speaking workers. For instance, an employee may need to speak fluent English to communicate with customers or to convey vital safety instructions around heavy machinery. However, the policy has a disparate impact if the employer cannot prove a job-related reason.
Learn about Remedies Available for National Origin Discrimination
Schedule an appointment with Schneider Wallace to learn more about pursuing a national origin discrimination claim. Our lawyers are licensed in Arizona, California and Texas and have offices conveniently located in Scottsdale, The San Francisco Bay Area, and Houston. We are highly qualified in litigating federal and state trials.