Employment Discrimination On The Basis Of National Origin
Equal opportunity is one of America’s bedrock principles. To ensure that immigrants can fully participate in the economy and the American dream, Congress enacted the 1964 Civil Rights Act. Title VII of this law prohibits discrimination on the basis of ethnicity, national origin and, by extension, language. The Immigration Reform and Control Act (IRCA) prohibits employment discrimination on the basis of immigration status.
At TB Robinson Law Group, PLLC, we vigorously represent people who have suffered workplace discrimination on the basis of national origin, ethnicity, language (including accents) and immigration status. With more than 27 years of experience in this area of law, we have the case-building and advocacy skills needed to win these cases.
Aliens without employment visas who are working in the U.S. are generally entitled to the same protections in the workplace as citizens, green card holders and holders of temporary employment visas. However, an alien without legal documentation cannot claim discrimination in hiring, because it is illegal for an employer to knowingly hire an illegal immigrant.
What Is National Origin Discrimination?
If an employee is treated differently than other employees based on the employee’s country of origin in terms of hiring, promotion, discipline or termination, that person may have a claim under Title VII and the Texas Labor Code. Retaliation against someone who complains of discrimination or harassment on the basis of national origin is also prohibited. However, the laws against national origin discrimination also cover situations such as the following:
- Marriage to a person of a national origin group
- Attendance at a religious institution commonly associated with a national origin group
- Membership in a fraternal association serving a national origin group
- A surname associated with a national origin group
Language and accent discrimination — This is a complex area of employment law. Employers must show a legitimate nondiscriminatory reason for treating employees differently based on language and accent. For example, it is acceptable for an employer to require English language proficiency for a customer service position interacting primarily with English-speaking customers. However, an employer cannot refuse to hire a person who speaks understandable English with an accent.
Seeking Compensation, Justice And Dignity
If we believe that you are a victim of employment discrimination based on national origin, race, language or immigration status, TB Robinson Law Group, PLLC, will stand up for your rights and dignity. We will work diligently to build a strong and successful case for you, seeking full compensation as accorded by law.