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Los Angeles National Origin

Discrimination Lawyer

California’s population is a melting pot of people from all corners of the world, and its diversity is a
shining example of how different cultures and backgrounds can come together to create a more
vibrant and inclusive society. California’s workforce is no different. It is a reflection of its rich cultural
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diversity. Yet, national origin discrimination happens in today’s society. The ugly truth about national Law Help You?
origin discrimination is that it not only undermines the diversity and inclusivity that our society
stands for, but it also perpetuates harmful stereotypes and biases. In the workplace, it affects
individuals from diverse backgrounds, cultures, and ethnicities. It not only violates the employee’s
rights but also creates a toxic work environment that can have consequences on their mental If you need help regarding a legal matter and
health and wellbeing. The impact of this type of discrimination can also extend beyond the would like to discuss it with an attorney, please
individual, affecting their family and community. call (310) 500-0206 or complete and submit
the e-mail form below, and the attorney will
Take for example Isabela, a hardworking employee named Maria who was born in Mexico and contact you.
moved to the United States several years ago. Despite her dedication and strong work ethic,
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Isabela’s coworkers often make offensive comments about her accent and background. They even
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question her legal status in the country. Isabela is understandably upset and her mental well-being
has been affected by their behavior. Countless others are facing similar issues as Isabela. If you
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believe you have experienced discrimination or harassment because of your national origin, speak
with a national origin discrimination lawyer at Theory Law APC to learn about your rights. Email

The Legal Framework: California and Federal Laws Your number (required)
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National origin discrimination is prohibited by both federal and California state laws. At the federal
level, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on national origin in the
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workplace. Title VII applies to employers with 15 or more employees and covers various aspects of
employment, including hiring, promotions, wages, and termination. Similarly, the Immigration and
Nationality Act (INA) offers protections to workers by prohibiting discrimination based on national
origin or citizenship. The INA covers employers with four or more employees for discrimination
based on citizenship, immigration status, or national origin. Depending on the number of
employees the employer has, a claim for national origin discrimination can be made through the
Equal Employment Opportunity Commission (EEOC) or the Immigrant and Employee Rights
Section (IER).
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In California, the Fair Employment and Housing Act (FEHA) offers even broader protections against
national origin discrimination. Unlike federal laws, the FEHA covers employers with five or more
employees. Under both Title VII and FEHA, it is unlawful for employers to discriminate against
employees or job applicants based on their national origin. An employee or job applicant can bring Practice Areas
a claim for national origin discrimination against an employer covered by the FEHA by filing a
complaint with the California Civil Rights Department (CRD).  Discrimination

The laws prohibiting discrimination on the basis of national origin also cover perceived national
 Sexual Harrassment
origin, including the individual’s actual or perceived place of birth or geographic origin, national
origin group or ethnicity. If the employer was mistaken about an employee’s national origin, the
employer may still have violated the laws against discrimination. Retaliating against an employee  Wage and Hour
who files a complaint about national origin discrimination or harassment is also against the law.
Whistleblower
Identifying National Origin Discrimination and Harassment 
When an employer treats an employee or job applicant differently because they are from a certain  Workplace Harassment
country, ethnicity, or have physical, cultural, or accent of a specific national origin group, this is
referred to as national origin discrimination. It can also include discrimination based on an
individual’s association with someone of a particular national origin.  Wrongful Termination

National origin harassment is a form of discrimination where offensive and unwelcome conduct  Age Discrimination
based on an individual’s national origin creates a hostile work environment. This may include
derogatory comments, slurs, offensive jokes, or other offensive behavior targeting a person’s
national origin or accent.  Disability Discrimination

Examples of National Origin Discrimination: Direct and Indirect  LGBTQ Discrimination

Discrimination
National origin discrimination can take various forms, both subtle and overt, direct discrimination or  Pregnancy Discrimination
indirect discrimination. Direct discrimination occurs when an employer treats an individual
differently because of the individual’s protected status, such as their national origin. In contrast,  Race Discrimination
indirect discrimination occurs when an employer has an employment practice that appears neutral
but has an adverse impact on members of a protected group, such as a national origin group. Here
 Religion Discrimination
are a few real-life examples:
An employer refuses to hire a qualified candidate because they were born in another country
or have an accent, even though they are legally authorized to work in the United States. This is
direct discrimination
A supervisor consistently gives better assignments and promotions to, or the company has
rules that favor, employees of a particular national origin while overlooking equally or more
qualified employees from different countries. This is indirect discrimination.
Employer has a policy that provides increased commissions and retirement benefits that
applies to a certain group of employees, but has a negative impact on employees of a certain
national origin group.
An employee is subjected to offensive jokes, ethnic slurs, offensive or derogatory comments,
or symbols about their national origin or accent by coworkers, leading to a hostile work
environment. While a single joke or insult may not constitute harassment, frequent or severe
offenses can create a hostile or offensive work environment.
An employer takes the following actions against an employee based on their national origin:
reduction of pay, denies a promotion, demotion, denies benefits, or termination.
As another example of direct discrimination, an employer who limits access to training,
mentoring, or development opportunities of an employee based on the employee’s national
origin or ethnicity.

Can an Employer Only Hire U.S. Citizens?

While employers are required to verify the work eligibility of their employees, they cannot
discriminate based on citizenship or immigration status, unless required to do so by law or
government contract. Under the Immigration and Nationality Act, it is unlawful for employers with
four or more employees to discriminate based on citizenship or national origin in hiring, firing,
recruitment, or referral for a fee.

Language and Accent Discrimination

One of the more nefarious forms of national origin discrimination is language and accent
discrimination. This occurs when an employer treats an employee or applicant unfavorably
because of their accent or fluency in a particular language. For example, an employer who refuses
to hire someone with a strong accent, even though their qualifications are otherwise impeccable. In
a lot of cases, an employee being treated differently because of their linguistic features or accent
may also face national origin harassment by way of offensive jokes, comments, and mocking.

However, employers may require employees to speak English fluently or have a specific level of
proficiency in another language if it’s necessary for the performance of the job and is not
discriminatory. Such requirements must be based on legitimate business needs and not simply be
a pretext for discrimination.

Are English-Only Policies Legal?

English-only policies, which require employees to speak only English at work, can sometimes be
seen as discriminatory. Under both Title VII and FEHA, English-only policies are generally
permissible only if they are adopted for nondiscriminatory reasons and are necessary for the
 performance of the job or operation of the business. Employers must also provide adequate notice
of the policy to employees and inform them of the consequences for violating the policy. If an
English-only policy is overly broad, inconsistently enforced, or not based on a legitimate business
need, it could be considered discriminatory and unlawful.

What To Do If You Experience National Origin Discrimination

National origin discrimination and harassment continues to impact numerous people in the
workplace, causing unnecessary stress and preventing career advancement. No one should be
treated differently because of their ethnicity, place of birth, accent, or national origin.
Understanding the legal protections in place, recognizing the signs of discrimination, and taking
action against it are critical steps toward creating a more inclusive and equitable work environment.

An employee who believes they have experienced national origin discrimination or harassment has
many options to assert and protect their rights. Some things the employee can do is to document
any instances of discriminatory behavior, report the issue to a supervisor, human resources
department, or a designated company representative.

If you believe you have been a victim of national origin discrimination or harassment, don’t hesitate
to seek help from a knowledgeable Los Angeles Discrimination Lawyer at Theory Law APC. They
can guide you through the process and help you understand your rights and options under both
California and federal laws.

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