When you apply for a job, you should be judged based on your qualifications and experience, not on your national origin. It is wrong and illegal to discriminate against any person because of his or her country or place of origin. If you have been treated unfairly because of your country of origin, you may have a legal claim for discrimination.
A person’s national origin is the region or nation where that person was born. It can also apply to a situation in which a person’s accent or looks make people believe the person is from a particular region or nation. In this instance, that person’s national origin is a characteristic that people associate with him or her. National origin is one of several characteristics that are protected under the Kansas Statutes. It is also prohibited under federal laws to discriminate against persons on account of their national origin.
Discrimination Based on National Origin
National origin discrimination is any type of discrimination or harassment that a person suffers because of his or her birth or residence in any particular country. It is especially frowned on in the workplace. It can take on a variety of forms. Refusing to promote a qualified employee because if his or her national origin or deciding the employee’s roles in the workplace on the basis of national origin would qualify as national origin discrimination.
Kansas law against acts of discrimination make it unlawful to refuse to hire a person because he or she originated from a particular country. It also applies when a person is fired because of his or her national origin or because the person’s parents or grandparents are from that country.
Harassment is a common type of national origin discrimination. It can involve demeaning comments or inappropriate jokes made in the workplace by coworkers or an employer. If the harassment or discrimination has become so much that an employee’s ability to perform his or her job has become severely limited, this may constitute a hostile work environment.
All these instances of national origin discrimination are unfair and illegal. They are all good reasons for filing a complaint or lawsuit against the offending parties.
Immigration Status and National Origin
There are instances in which an employer can make rules that require potential employees to be American citizens. The Immigration Reform and Control Act of 1986 does not make it totally illegal for the employer to require that prospective employees be citizens of the United States of America.
It is easy enough for an employer to check a potential employee’s citizenship status through the Kansas office of Immigration Services, located in Wichita. However, this status cannot be used to prevent individuals from other countries from seeking employment with a company. If this information is used in this manner, it can be challenged as discriminatory under state law.
If you feel you have suffered unfair or unequal treatment because of your national origin, you may have grounds to file a discrimination lawsuit.
Have Questions About Your Legal Rights After Being the Victim of National Origin Discrimination? Speak to a National Origin Discrimination Lawyer in Kansas City
If you believe you were discriminated against due to your national origin when applying for a job or being terminated or demoted at your current position, now is the time to contact HKM Employment Attorneys.
Call 816-607-4691, schedule a call, or fill out this form and we will get back to you ASAP.