California workplaces or organizations have a diverse workforce due to immigration from Africa, Latin America, the Caribbean, and Asia. While the diversity in an organization reflects the society’s and country’s diversity, discrimination or harassment can happen because of someone’s national origin or a lack of characteristics linked with a particular national origin group. National origin discrimination takes several forms, including setting unrealistic expectations for job applicants, denying employment opportunities, and termination.

The Fair Employment and Housing Act (FEHA) protects you from discrimination or offensive remarks in the workplace because of your nationality. If you have been a victim of discrimination, we at the Empower Sexual Harassment Attorneys can help you lodge a claim and receive maximum damages in San Diego, CA.

Laws Prohibiting National Origin Discrimination in the Workplace

State and federal laws prohibit workplace discrimination against employees because of their country of origin. Title VII of the Civil Rights Act of 1964 is a federal statute that protects workers from discrimination in their workplace because of particular characteristics. The Act provides you with the right to work. It makes it unlawful for an organization or employing entity to deny job applicants employment opportunities or keep them out because of their national origin. Title VII prohibits discrimination in:

  • Job advertisements
  • Job interviews
  • Recruitment
  • Discipline and termination
  • Hiring
  • Salaries
  • Employment benefits
  • Promotions
  • Job assignments

It is unlawful for an employer to advertise a job discriminating against candidates of a specific national origin. The law applies to organizations with 15 or more workers.

The state law that protects workers from discrimination based on national origin is FEHA. The Act applies in organizations with at least five workers and makes it illegal for an employing organization to:

  • Refuse to hire a qualified candidate because of specific characteristics like national origin
  • To discharge or terminate
  • Deny or prevent a worker from participating in a training program that leads to employment
  • Discriminate against an employee in compensation or employment benefits, like promotions, work assignments, or wages.

National Origin Definition Under FEHA

FEHA has a multi-faceted and broad definition of national origin beyond the country of birth. Unless the job requires an applicant to be fluent in English, you are entitled to a job opportunity regardless of your national origin. National origin refers to actual or perceived ancestral characteristics, such as:

  • The country of origin of your ancestors
  • Physical, cultural, or linguistic attributes associated with a particular national origin group
  • Marriage to or links with individuals of a specific national origin group
  • Promoting the interests of a particular national origin group
  • Tribal affiliation
  • Membership in or association with particular national origin groups
  • Attend or participate in churches, schools, mosques, temples, or other religious entities associated with a specific origin.
  • Having a name linked to a specific origin

The definition of national origin includes linguistic, cultural, and social markers to discourage employing organizations from acting on perceptions or stereotypes instead of the objective worker’s country of origin.

Also, the definition includes perceived origin and discrimination by association with individuals of a particular origin.

Title VII defines national origin as someone’s country of birth or where a person’s ancestors originated. Besides, EEOC considers national origin as an individual’s birthplace or the birthplace of their ancestors. Also, it means resemblance in a particular nationality’s physical, linguistic, or cultural features.

So, national origin discrimination does not need to be tied to a particular country. General ethnic backgrounds can qualify as national origin, making it difficult to differentiate between racial and national origin discrimination.

Ways in Which National Origin Discrimination Happens

A potential employer should not deny you an opportunity for which you are qualified because of your national or ancestral origin. You can sue them for contravening Title VII and FEHA laws if they do. There are several types of national origin discrimination in the workplace. The common ones are:

Language Restrictions or Discrimination

FEHA makes it unlawful for employers to impose language restriction policies, like having an English-only rule at work, unless:

  • It is necessary to ensure the safety and smooth running of the business, and not for mere convenience and customer or worker preference. Besides, the rule imposing language restrictions should not apply during rest breaks.
  • The language restriction must be narrowly tailored
  • The employing institution must inform workers of the time and situations when language restrictions occur and the penalties for violating the rule.

Language restrictions are deemed a form of national origin discrimination because they create an exclusionary effect on a group of a given national origin, particularly if the restrictions result in consequences like demotion, suspension, termination, denied work benefits, missed pay, or reprimand.

Besides, language restrictions promote hostile or unfriendly work settings or expose certain national origin groups to workplace harassment, as some coworkers see them as inferior or incompetent.

Accent Discrimination

It is unlawful for employers to discriminate against job applicants or existing workers because of their accent, unless it interferes with the individual’s ability to perform the roles assigned. Typically, an accent can suggest that an individual originates from a particular country or that English is their second language. When an employer discriminates against you because of your accent, you can file a national origin discrimination claim if you can prove that the accent did not prevent you from performing your duties and that you were proficient in English.

Besides, customer preferences should not be a reason for an employer to terminate or replace you with someone without an accent because customers complain about how you speak to them. An accent should not be used as a barrier to terminate or deny employment unless there is sufficient evidence that it will interfere with work performance.

Discriminatory Hiring

Another common form of national origin discrimination is employers refusing to hire applicants because of their nationality. You can tell if you are a victim of this type of discrimination if your prospective employer asks many questions about your culture or country of birth during an interview. You can lodge a claim if your country of origin is used as the basis for denying you a job for which you are qualified.

Setting Unrealistic Pre-employment Physical Requirements

Some employers require job candidates to satisfy specific physical requirements, like height, color, and weight. Unfortunately, some candidates from particular national origins might not possess these physical features, meaning they are not considered for the job despite their qualifications. If you are denied a job opportunity you are qualified for because of your nationality or ancestral features, you can file a claim against the employing party.

Other physical features are height and weight. Particular ancestral origin groups have certain height and weight features. Setting these unrealistic requirements can discriminate against a group of a specific origin, especially if they are considered shorter or heavier than persons of different national origins.

Promotion Denial

You are entitled to a promotion if you satisfy the criteria provided in the workplace. However, when an employment organization denies you the promotion because of your nationality, you can lodge a claim or lawsuit against them to receive damages for workplace discrimination.

Earning Lower Wages Because of Your National Origin

You are entitled to equal pay with coworkers in the same position or performing the same responsibilities, regardless of nationality. If your employer pays you less because of your ancestral origin, you can sue them to recover the lost wages and other damages incurred.

Offensive Jokes Regarding Your Ethnicity

Work should be fun, and sometimes making jokes about corkers can lighten the mood in the workplace. However, sometimes the jokes can cross the line of harassment or discrimination if they are offensive and targeted at individuals of a specific origin. You can file a harassment claim if the jokes make you uncomfortable and target your nationality features, like accent, linguistics, or physical characteristics unique to your ancestral origin.

Unlawful Job Dismissal

Stereotypes exist about the work performance and productivity of workers from specific origins. If you are from a different national origin and an employer uses this as grounds for a wrongful termination, you can file a claim for the biased treatment.

Many foreigners come to America for better job opportunities or career advancements. However, when they are wrongfully or unlawfully terminated because of their nationality, they are left devastated and their dreams cut short. If you are a victim of unlawful termination because of your origin, do not lose hope. By filing a national origin discrimination claim, you can hold the employing organization liable for the discrimination. For a successful claim, you must hire an experienced workplace discrimination attorney to help you gather the relevant evidence and submit a solid claim for maximum compensation.

Action to Take When You Are Discriminated Against Because of Your National Origin

You should consult with an employment attorney immediately if you observe or experience national origin discrimination in your workplace. An attorney will evaluate your case and advise on the best legal course to seek justice and obtain maximum reimbursement.

The steps you should take after a discrimination incident or pattern are:

  • Notify your supervisor or human resource manager. You can also share the details with a coworker, as your case might not be isolated. Other coworkers might be undergoing the same. Ensure you document your conversation with these individuals.
  • Document all the discriminatory incidents and capture details like time, location, and events. Preserve all the emails, text messages, or any relevant communication that supports your claim. These documents will act as your evidence when formally submitting a claim.
  • Read your employer’s handbook and learn about discrimination and the steps to follow when reporting. You might have multiple options to address the national origins discrimination, and the handbook is the best way to ensure you exhaust these avenues.
  • Consult with a profound employment attorney

Consulting an attorney offers multiple benefits. First, they will help you with the investigations, as there are several forms of national origin discrimination, and sometimes proving it can be hard because perpetrators make it challenging for victims to prove. An employer will deny you a job opportunity because of your origin but cite other reasons. Your coworkers will make offensive jokes about your origin, disguising the jokes as harmless. Other employing organizations will pay you less because of your nationality. It is advisable to involve legal counsel in this matter to evaluate your situation and gather more evidence to determine if there is a violation.

After investigating your claim, the attorney will guide you on the appropriate legal course. There are several avenues for holding your employing entity liable for national origin discrimination. An attorney will explain all these options and advise on the most suitable action based on your circumstances.

Also, your attorney can advise you to sue the employer in civil court. The attorney should file the lawsuit for you and ensure all procedures are followed and the lawsuit is filed within the statute of limitations. The advantage of having an attorney file your claim is that they understand the workplace discrimination laws and will cite all the statutes the employer has contravened and provide evidence for them. With the help of an attorney, the employer or accused will be more willing to settle to prevent the matter from going to court. However, if no settlement is reached, the attorney will represent you in court for a fair verdict encompassing damages sufficient to cover all your losses.

The Process of Suing for National Origin Discrimination

FEHA protects your right to seek, obtain, and maintain an employment opportunity without nationality discrimination. You can submit your claim to the Civil Rights Department (CRD) or EEOC within 36 months of the incident. When submitting your complaint to CRD, ensure that the following documents are attached:

  • Documented discriminatory events, including the contact details of the perpetrators
  • Copies of documents that support your claim
  • Names and contact details of your witnesses

If all these documents are unavailable when filing, you can file the case with the available evidence first and submit the rest later. Ensure you provide the additional duties within thirty days.

Filing the claim within the required timeline is critical because you will lose your right to seek compensation once the timeline lapses. The time is counted from the date of the alleged discrimination.

When CRD receives your claim, they will conduct a pre-inquiry to determine if it can be substantiated. Usually, they send an investigator to discuss the case’s facts within sixty days of the filing. After the discussion, they will determine whether to accept your claim. Once they receive your complaint, they will investigate and send a copy to the employing organization.

After receiving the signed complaint, the employer responds by accepting or denying the accusations. No organization will readily accept a workplace discrimination complaint, so you should be prepared for a fight.

The answer or response from your employer will inform the type of recommendations CRD or EEOC will make. CRD uses alternative dispute resolutions, allowing you and the employing entity to discuss the complaint and find a solution, like paying lost income, adjusting workplace policies, or reinstating the job. However, if no settlement is reached, CRD will investigate the accusations of discrimination and determine whether there was a violation. If it is determined that the employer violated workplace discrimination statutes, they will file a lawsuit on your behalf. If they fail to file a lawsuit, they will close their inquiries and give you the right to sue, meaning you can go ahead and file a lawsuit in court against the employer.

Filing a National Discrimination Lawsuit in Court

When given the right to sue, you should retain the services of an experienced employment attorney because they will be pivotal in securing a favorable outcome and receiving optimal reimbursement. The attorney will help gather evidence and file the formal lawsuit. During the case, they should demonstrate that:

  • You are of a different national origin, making you a protected party under FEHA
  • The employer implements policies that target people of your origin
  • You suffered adverse action, like a demotion, termination, denied job opportunity, or low pay, because of the employer’s policy targeting your national origin group.
  • FEHA applies to your employing entity because they have at least five workers

Your employment attorney should submit paperwork to prove each violation and support it with witness testimony. When the discrimination was in the form of mean comments from your coworkers, you must prove that you notified your supervisor or employer of the discrimination, but they did not make policy changes or take measures to address the complaint and prevent the same incidents in the future; you will have a strong argument.

Whether you will file the lawsuit under FEHA and Title VII depends on the evidence you have. The evidentiary standard under Title VII is higher than under FEHA. Therefore, your attorney will consider the solidity of your claim before deciding on the law under which to pursue the claim.

The process of lodging a lawsuit and receiving compensation is nuanced. Therefore, partner with a competent employment attorney early in the case to help you through the process leading to the lawsuit and represent you in court for a fair verdict.

Damages Available in National Origin Discrimination Lawsuits

If your lawsuit is successful, the court can award several damages, including:

  1. Back and Front Pay

“Back pay” refers to the wages or benefits, like bonuses or overtime, that you should have received but missed out on because of discrimination. Conversely, front pay seeks to reimburse you for the future lost wages, overtime, and bonuses. Various forms of ancestry origin discrimination can take a toll on your emotions and mental health, leading to reduced productivity and poor work performance. The morale to go to work decreases, leading to absenteeism, which can lead to lower wages.

Additionally, your employer can take retaliatory measures after reporting a discrimination incident involving national origin. These measures include demotion, denial of overtime hours, or termination. If any adverse action by your employer causes you to miss out on wages or employment benefits, and you can prove origin discrimination, then the court can award back and front pay.

Once you win the lawsuit and the court awards these damages, the employing organization must pay you the lost wages, past, current, and future, in a lump sum. The court can even award interest accrued from unpaid wages or benefits, but you need compelling evidence and an experienced employment attorney to receive the interest.

  1. Compensatory Damages

Your ancestral origin is something you value. Being discriminated against in the workplace because of these features can cause severe mental anguish, emotional pain, and suffering. If you documented instances of the pain and suffering and can prove that the workplace discrimination caused you untold misery, the court will award compensatory damages.

  1. Increase in Wages

When your employer has been paying you less than your colleagues in the same position because of your national origin and you win a lawsuit against them, the judge can order the employer to increase your pay to suit your position. Additionally, if you were demoted or denied a promotion because of your national origin features, the employer will be instructed to promote you based on your qualifications.

  1. Court and Attorney Fees

You must hire a competent attorney when lodging a national origin discrimination claim to increase your chances of a favorable outcome. Hiring an attorney increases your expenses, straining your finances further due to the harsh work conditions. Besides, you must pay the filing fees and other costs associated with the claim process. If you win the lawsuit, the court orders the defendant to reimburse you for all the legal costs and court fees.

  1. Punitive Damages

If the workplace discrimination by your employer due to your origin was malicious or reckless, you can pursue punitive damages. The damages punish the employing entity for discriminatory conduct and discourage others from engaging in the same behavior. However, for the court to award these damages, you must request them.

Find a Competent Employment Defense Attorney Near Me

America receives people from all nations seeking better employment opportunities or education. As a result, the workplace has become diverse, but not without challenges. Cases of workplace discrimination or harassment because of national origin have become rampant.

Thankfully, California has laws that protect all workers from discrimination. Therefore, if you have experienced discrimination, speak to an experienced employment attorney to help you file a claim or lawsuit for compensation for the losses stemming from the discrimination. At Empower Sexual Harassment Attorneys, we understand the effects of national origin discrimination on your career and livelihood, which is why we are here to help. Call us at 619-604-3027 to discuss your case in San Diego, CA.