NATIONAL ORIGIN DISCRIMINATION

Federal and North Carolina laws prohibit employers from discriminating against a current or prospective employee because of that individual’s religion national origin. “National origin” includes a person’s birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. An employer may not refuse to hire, deny promotions, deny equal compensation and benefits, discipline, terminate, or take other discriminatory action against employee because of that employee’s national origin. This also means an employer may not make employment decisions based on stereotypes or assumptions about an employee’s national origin, such as post-September 11 backlash discrimination against Arab-Americans.

Additionally, employers may not discriminate against employees on the grounds that they are from another country, have names or accents associated with a national origin group, participate in certain customs associated with a national origin group, or are married to or associate with people of a certain national origin. A rule requiring that employees speak only English at the workplace may violate the law, unless an employer can prove that the requirement is necessary for conducting business.

It is also illegal for an employer to subject an employee or allow an employee to be subjected to severe or pervasive harassment because of that employee’s national origin. Harassment based on race is conduct that creates a hostile work environment. Jokes based on ethnicity or nationality, name-calling, threats, and other forms of mistreatment towards an employee because of his or her national origin can be illegal.

The Equal Employment Opportunity Commission (EEOC) has published helpful information about national origin discrimination.

If you are experiencing – or have already experienced – national origin discrimination, let the experienced attorneys at GMFM fight to protect your rights. Contact us for an evaluation of your case.