No matter who you are and where you work, your civil rights should be protected on the job and not denied. Workplace discrimination, including acts based on national origin, stands in the way of equal opportunities for all.
In San Diego and surrounding Southern California, national origin discrimination is a legal issue we take very seriously. Our experienced workplace discrimination lawyers at the law offices of HKM Employment Attorneys LLP can provide expert legal advice and help you with any discrimination claim.
What Is National Origin Discrimination?
According to the U.S. Equal Employment Opportunity Commission (EEOC), national origin discrimination involves treating employees and applicants unfavorably based on their ethnic background, accent, and/or appearance. New regulations from the California Department of Fair Employment and Housing (DFEH) clarify that the definition of national origin includes, but is not limited to, actual or perceived:
- Cultural, physical, or linguistic characteristics associated with a national origin group
- Marital status or association with persons of a national origin group
- Tribal affiliation
- Association with churches, schools, temples, mosques, or other religious institutions generally used by persons of a national origin group
- Association with any organization seeking to promote the interests of a national origin group
- A name that is associated with a national origin group
Both federal law and California state law prohibit employers from discriminating against employees or prospective employees based upon their national origin. Title VII of the Civil Rights Act of 1964 made it illegal to discriminate against employees or applicants based on national origin, and that law still holds true today.
What Is the Difference Between National Origin and Race?
While national origin and race discrimination may seem the same, they’re two distinct issues. A person’s race is defined as someone’s physical characteristics (typically skin color), while national origin refers to the place or country of one’s ancestors. The confusion arises from the general tendency to correlate a person’s national origin with their race.
When you work with HKM Employment Attorneys LLP, your employment lawyer will help you determine whether your case is related to race or national origin.
National origin discrimination describes discrimination based on such aspects of an individual as language barriers, accents, citizenship, or marital status. Racial discrimination generally occurs based on the color of someone’s skin.
How Can You Prove Discrimination Based on National Origin?
Most employment discrimination cases must be proven by circumstantial evidence. Depending on the case, evidence that can be used to determine discrimination include:
- Documents to help support your claim—including texts, emails, and other messages
- Any witnesses who can corroborate your claim
- Any additional motivating factors that can help your claim, such as details of your national origin, race, gender, color, religion, or pregnancy status
National Origin Discrimination Lawyers
If you are a victim of discrimination resulting in wrongful termination, sexual harassment, or sexual orientation discrimination, our employment law attorneys can help. Our experienced employment law attorneys can analyze your potential case and recommend next steps for pursuing your discrimination claim.
Call our law firm today for a consultation with an employment discrimination lawyer.
