Today, so much of the United States, especially outside major metropolitan areas, faces an aging population, where retired people will soon outnumber adults in the workforce or children, if they do not outnumber them already. Against this backdrop, Bozeman is experiencing population growth. Between 2010 and 2023, the population of Bozeman increased by about 5%, with many of the new arrivals being adults of working age. This makes Bozeman one of the fastest-growing small cities in the United States, and it has created a demand for labor, especially in industries such as construction, food service, and, increasingly, tourism. Because of this, a substantial portion of Bozeman’s workforce was born outside the United States. Montana is not known for its cultural diversity; for this reason, many immigrants who moved to Bozeman from more cosmopolitan places such as Denver experienced culture shock. Immigrant workers and job seekers may feel that employers single them out or mistreat them because of their national origin. Discrimination based on national origin is against the law in Montana and nationwide. The Bozeman national origin discrimination lawyers at HKM Employmient Lawyers LLP can help you exercise your right to a workplace free of discrimination.
National Origin Is a Protected Characteristic, Regardless of Whether You Are a United States Citizen
The federal Civil Rights Act of 1964 and the Montana Human Rights Act prohibit discrimination based on national origin. The courts have interpreted the protected characteristic of national origin to include the country where the plaintiff was born, as well as the country where the plaintiff’s ancestors were born. It is still possible for employers to discriminate against you based on your national origin, even if you are a United States citizen, even though it is illegal.
Certain jobs can set requirements about citizenship status, but most do not. The only job open to people born in the United States, but not to naturalized citizens, is President of the United States. If you are a naturalized citizen, you can be a member of Congress or a Supreme Court justice, or hold any other role in the federal government. Some federal jobs, not only those that involve being elected to public office or appointed by the president, are only open to citizens, and some other public sector jobs will only consider applications from U.S. citizens and permanent residents. For most jobs, though, including all jobs at private sector companies and nonprofit organizations, U.S. citizenship or a green card is not a requirement.
Instead, you must only show that you are legally authorized to work in the United States. It is legal for you to work in the U.S., and illegal for employers to discriminate against you based on your visa status, if you have an immigrant work visa or a nonimmigrant work visa, if you are here as the spouse of the holder of one of these visas, or if you have asylum or temporary protected status (TPS). Certain types of employment are also available to people with student visas. Likewise, if you applied for asylum, and your case is still pending 150 days after you initially submitted the application, you have the right to apply for a work permit even before you receive a decision about your asylum application. During the job screening process, employers may ask you to show proof of your authorization to work in the United States, but they cannot press you for more details about your immigration status or national origin.
What Does National Origin Discrimination Look Like?
Employment discrimination based on national origin can manifest itself as an employer hiring U.S.-born job applicants but not immigrants, or it could manifest itself as an employer hiring immigrants from one country but not from another. It is also discrimination if the employer’s preferences in awarding promotions and discrepancies in pay divide neatly along national lines. National origin discrimination is not always as obvious as it was in the 19th century, when employers would post signs saying, “No Irish need apply.” It can also occur when your work supervisors or coworkers single you out for disrespectful treatment and social exclusion because of your national origin.
A hostile work environment is when the other employees at your workplace go out of their way to be unpleasant to you and to make it difficult for you to do your job. This can include a series of behaviors that, on their own, seem small, but when they happen all the time, are stressful and interfere with your work. These are some of the behaviors that employees might cite in a national origin discrimination complaint related to a hostile work environment:
- Derogatory comments about the employee’s country of origin, regardless of whether these are directed toward the employee
- Calling the employee by a derogatory or stereotypical nickname
- Talking about the employee’s country of origin more often than it would arise in conversation, and when it is not related to the work task
- The displaying of symbols associated with the employee’s country, when done so in a mocking way
How to File a Complaint About National Origin Discrimination
If you experience discrimination based on your national origin, the first step is to document the discriminatory incidents and why you think they were related to your national origin, instead of, for example, your employer not giving you a raise simply because it cannot afford to give anyone a raise. Then you should meet with an employment lawyer who can help you prepare for a meeting with the federal Equal Employment Opportunity Commission (EEOC) or the Montana Human Rights Bureau. The EEOC or Human Rights Bureau will investigate your discrimination complaint. If it finds that your claims have merit, it will authorize you to file an employment discrimination lawsuit in court.
Contact HKM Employment Attorneys About National Origin Discrimination
The Bozeman employment lawyers at HKM can give you advice about filing a national origin discrimination complaint against your employer. Contact our local office in Bozeman, Montana, to set up a consultation with one of our employment attorneys.
