National origin discrimination constitutes treating employees and applicants unfavorably since they’ve got a specific accent or are from a particular ethnicity or part of the world. Such discrimination types may even involve treating people unfavorably due to their association with a particular national origin. It is important to note that it is unlawful for employers to discriminate against their employees based on their national origin under the local, state, and federal laws.
Take note that your employer should not use particular traits related to your origin, ancestry, and nationality to make any employment-related decision that will ultimately make you less favorable over others in your workplace. While it’s required of employers to follow federal laws governing discrimination, certain state laws vary greatly.
For instance, forty-eight states have in place an equal pay law. However, states such as Mississippi and Alabama don’t have such laws in place. In Georgia, such law is only applicable to businesses that have more than ten employees. Even with the federal and state laws against discrimination based on origin, studies indicate that the hiring bias against Hispanic and blacks hasn’t improved in more than two decades.
If you experience any form of national origin discrimination at work, you should get in touch with a Newport Beach ethnicity discrimination attorney to understand your rights. Here is an overview of the types of national origin discrimination at work you should know.
Discrimination Against Employment Practices or Policies
It is illegal for your employer to use ant employment practice or policy that applies to everyone regardless of the origin. This is especially if it has got a negative implication to individuals of a particular job. While this is the case, there are instances where employers may be required to formulate an English-only rule.
Several court decisions have been split on this issue. Still, the EEOC (equal employment opportunity) stand has been that English should be the only language used if it’s necessary for a particular job. Such a rule applies in emergencies where employees must communicate in a single language so that operations can proceed efficiently and safely.
When such a rule is necessary for an organization, employers are required to inform their employees about such a rule and any consequences following a violation. There shouldn’t be any disciplinary action taken against anyone who violates the rule before receiving such notification.
It is still important to understand that language rules usually don’t lawfully apply to break and lunch periods. Therefore, if your employer takes action against this rule, it’s best to seek help from employment attorney Newport Beach.
Employment and Accent Rules
Accents are closely related to national origin, and if they go against the law, you may have to seek the services of an ethnicity discrimination lawyer for the workplace. Remember that employers may decide to remove or shift an employee to a particular department based on their employee accent legitimately. However, this can only happen if such an accent impacts an employee’s ability to perform certain tasks.
A good example is when an employee decides to transfer an employee from helpline support services to a different section that doesn’t require customer contact. Such a move can be made if several customer complaints about difficulties in following instructions from such an employee have been made.
However, it’s unlawful if such an employee would be moved based on their accent (or particular accent), and not necessarily that their accent prevented them from discharging their duties.
Harassment Based On National Origin
It is illegal for anyone to harass an individual based on their national origin. Harassment involves different aspects such as ethnicity, a person’s national origin, and offensive remarks. While there may not be any law that prohibits off-hand comments or teasing, harassment may be severe or frequent if it results in an offensive or hostile work environment.
If harassment at work results in severe employment decisions like being a victim of demotion or being fired, a nationality discrimination lawyer Newport Beach can help. In most cases, the harasser is the victim’s supervisor, co-worker, or any other person who isn’t an employee of an employer – as a customer.
Discrimination Based On Citizenship
The immigration act restricts any employer from discriminating against their employees against their immigration status or citizenship. If this happens, you should contact a nationality discrimination lawyer Newport Beach to help you seek legal redress. Understand that employers may not necessarily need citizenship before proceeding with employment unless it’s necessary based on your contract.
If you have provided documents to support your employment eligibility, there is no need for your employer to demand different or more documents. You may need a Newport Beach ethnicity discrimination attorney if your employer doesn’t adhere to these regulations. If an employer works along borderlines such as Mexico and the United States, all the applicants don’t need to have United States citizenship. This is only the case when either country imposes such requirements on the applicants.
Under the federal immigration reform control (IRCA) act, it is illegal for employers to discriminate against their employees based on their citizenship as long as such employees are legally authorized to work in the United States. The IRCA act still provides employers with the option to give native United States citizens or nationals preference. Given such an exception, employers shouldn’t institute a blanket policy that prefers native citizens for every job opening.
Let an Employment Attorney Newport Beach Handle Your Case!
Seeking legal representation for your employment-related cases isn’t an easy task. Very few employers would want to take responsibility for any wrongdoing. This is why you’ve always got to seek the services of an ethnicity discrimination lawyer for the workplace. A reputable lawyer will be in a position to evaluate your case and provide you with the best legal advice on what to do.