National Origin Discrimination

National Origin Discrimination At Work

 
By James Witherspoon

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, national origin, sex and pregnancy, disability, age, or genetic information, or for association with another person who falls into one of these categories. When harassment based on these factors happens frequently enough to create a hostile work environment for a victim, or if a victim is fired, demoted, or forced to resign due to the harassment, the actions are considered illegal.

National Origin Discrimination

Sometimes people face discrimination or verbal abuse at work based on their nation of origin. The following violations are prohibited under Title VII:

  • Employment decisions: An employee may not be hired, fired, laid off, or recruited based on national origin
  • Harassment: Any conduct that creates a hostile work environment for a person based on his or her national origin is prohibited
  • Language: In most cases, an employer may not discriminate based on a person’s accent or English fluency, and may not establish English-only rules.

An employer is allowed to take accent and fluency into account if it interferes with the employee’s ability to perform job duties that require language proficiency. Additionally, an employer may create English-only rules if they are necessary to promote safe or efficient business operations.

Nation of Origin Harassment

Harassment can come from virtually any person associated with the victim in the workplace, including:

  • Coworkers
  • A supervisor
  • The supervisor of a separate area or department
  • Clients, customers or other non-employees

In some cases, the victim of harassment and the person inflicting the harassment are of the same nation of origin.

To learn more about national origin harassment in the workplace, visit the website of the Austin employment attorneys of Melton & Kumler, LLP.

James Witherspoon

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