National origin discrimination in employment is an illegal practice whereby an employer makes employment decisions related to hiring, firing, raises, advancement opportunities, or any other employment status, compensation, or benefit of employment based on the country or geographic area from which the applicant or employee came. The discriminatory foundation for these decisions might be based on mistaken information, such as a belief that a person hails from an undesirable part of the world, even if that is not the case.
The discrimination may be based on a person’s appearance, accent, or ethnicity.
It can also involve a bias against an employee or job applicant for being married to or otherwise associated with a person of a certain national origin. It can even happen when the perpetrator is of the same national origin as the victim.
What Does the Law Say?
The Immigration Reform and Control Act of 1986 (IRCA) forbids employers from basing employment decisions on an applicant’s or employee’s citizenship or immigration status. Further, employers must accept lawful documentation of employment eligibility and refrain from retaliation against individuals who seek protections under the Act.
What Kinds of Behaviors are Associated with This Type of Discrimination?
In addition to prejudice in employment decisions, national origin discrimination can also involve negative attention or experiences in the workplace. This can happen whether the perpetrator is a supervisor, colleague, or client.
Although offensive jokes and incidental comments are not punishable under the law, there are rules against creating or allowing a hostile work environment. Hurtful or derogatory remarks that are so harsh, excessive, or relentless can rise to the level of illegal harassment, which could expose the employer to a claim of liability.
How Do Laws Prevent Employers from Imposing Restrictions in Hiring Practices and Promotions?
An employer cannot impose a company policy that negatively impacts employees of a certain national origin if it is not inextricably related to the job function or clearly necessary for the business to operate. For example, an employer cannot require that applicants speak fluent English unless the inability to do so would interfere with the person’s ability to do the job in question. This rule also applies to decisions against hiring a person based on a person’s accent; it is permissible only if the accent would keep the applicant from doing the job effectively.
Mount Laurel Employment Discrimination Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Represent Clients Bringing Suit Against Biased Employers
If you believe you have been discriminated against in a work setting because of your national origin or any other protected status, you should confront the unfairness by bringing it to the attention of the authorities. The Mount Laurel employment discrimination lawyers at The Law Offices of Leo B. Dubler, III, LLC, can break down the laws against discrimination and support your claim that they have been breached. We can bring suit against the employer that allowed such intolerance and inequity to take place at their company. Call us today at 856-235-7075 or contact us online for a free consultation. With office locations in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients from Cherry Hill, Burlington County, Camden County, and throughout South Jersey.