Our origin shapes our distinct looks, speech, and actions. We should celebrate this diversity. It must not serve to justify unfair or discriminatory workplace practices. Employers who discriminate against you due to ethnicity, ancestry, birthplace, or nationality violate the Fair Employment and Housing Act.
National origin discrimination can take many forms. These include setting unrealistic standards for job applicants and denying job opportunities. Additionally, terminating someone because of their national origin falls under this category. Also, your employer must create laws to protect workers of all national origins from offensive remarks.
If you are a victim of national discrimination, you can file a complaint with the California Civil Rights Department. The CRD will issue you a right to sue. It lets you sue your employer for damages from their discrimination. At Sexual Harassment Attorney, we provide expert legal help. We assist those facing workplace discrimination lawsuits in California.
Overview of National Origin Discrimination
The California Fair Employment and Housing Act makes it illegal for employers to discriminate against employees. National origin, among other protected factors, is a common basis for discrimination. Individuals from all backgrounds and origins live and work in the United States. Title VII of the 1964 Civil Rights Act ensures all job applicants and employees receive equal treatment. This is the case regardless of their origin or associated nationality.
If a job does not require fluency in English, an employer cannot deny employment to people of other national origins. National origin and ethnic discrimination occur when your origin is a crucial reason for an employer's adverse action. National origin is a broad term that encompasses the following aspects:
- Ancestry means the specific nationality of one's ancestors. This significant factor can help determine a person's origin.
- Physical and cultural characteristics. People follow different cultures based on their nationality. Mistreating a person due to their physical appearance is discrimination in California.
- Linguistic characteristics: A person's language or accent can tell much about their origin. However, diversity in language should not be a reason to discriminate against them in the workplace. Unless language is a job requirement, mistreating someone for their language violates FEHA.
- Marriage and Association. You should be able to obtain a job and receive fair treatment at work, no matter your spouse's or associates' origins. It is common for some employers to discriminate against you, or you face harassment due to your associations.
- Membership in national origin organizations. Many immigrants in the United States value having individuals with a similar origin to whom they can relate. For this reason, many join national origin groups. They enjoy the company of those with similar origins and cultures. Memberships in these organizations can make you a target for workplace discrimination.
- Enrollment in schools associated with a specific origin. There is nothing wrong with attending a school associated with a particular origin. Most immigrants enroll their children in these schools. They want them to be comfortable and learn about their cultures. However, attending such a school can result in harassment and discrimination at your workplace.
- Having names that have an association with a particular origin. Your name may be the greatest indicator of your ethnicity or origin. Sometimes, your name may suggest a specific national origin. This could lead to discrimination or harassment at work.
Forms of National Origin Discrimination at Work
You may be a victim of national origin discrimination at the workplace under the following circumstances:
Denial of Employment Opportunities
You are a victim of national origin discrimination if an employer denies you a job for which you qualify due to your nationality. A common sign of this type of discrimination is receiving too many questions about your origin and culture during a job interview.
Under these circumstances, you can file a lawsuit against the potential employer.
Unrealistic Physical Requirements
Individuals of different national origins have varying features, including height, color, and weight. If an employer requires you to meet specific physical requirements, you can file a claim against them for discrimination. This applies when these requirements are not possible due to your origin.
Denial of Promotion
If you meet the promotion requirements, you should be eligible for it. This is true regardless of your national origin or culture. If you can prove that an employer denied you the opportunity due to your origin, you may have a valid claim against them. After a successful claim, you can receive the promotion that you deserve.
Receiving Lower Pay Due to National Origin
You have a right to receive equal pay with individuals with similar positions, regardless of your origin. If you earn less due to your origin-related traits, you may have a valid claim against your employer. This will allow you to recover compensation for your losses and suffering.
Assignment of Different Roles
A common form of discrimination against those of different origins is assigning different tasks. Discovering that you have different tasks from your colleagues can raise questions. This could be a form of retaliation from your employer if you report their discriminatory acts to DFEH.
Uncontrolled Ethnic Jokes
Everyone wants to work where they can have fun with their coworkers. Jokes in the workplace not only lighten the mood but also make it easy to work as a team. Unfortunately, there are instances where workplace jokes cross the line and become harassment.
Coworkers can make offensive jokes about your national origin. In this case, you are a victim of workplace discrimination and harassment. This applies when the jokes and remarks are not directed at. If another person's remarks cause discomfort, you have the right to a claim.
Job Termination
The most adverse employment action an employer can take against you due to your origin is job termination. Although California is an at-will employment state, employers cannot terminate you on this basis.
Many leave their home countries for better jobs in the U.S. So, losing a hard-won job due to your culture or ancestry can be devastating. Your employer can use other excuses to terminate your job. However, if you have evidence to support the national origin discrimination claim, you can sue them.
Filing a Lawsuit for National Origin Discrimination in California
If you are subject to discrimination due to your national origin, you can submit a complaint to the CRD. When filing a complaint with the CRD, you must have the following information:
- Records of the discriminatory acts, including the contact information of the offender.
- Copies of documents relevant to your claims.
- Names and contact information for witnesses.
If you cannot compile all the information you need for the claim, you can file it and add it as you gather it. Your unfiled claim is available in the system for up to thirty days.
In California, you have three years to file a claim for national origin discrimination. The clock starts when the discrimination occurs. After the three years have elapsed, your claim will be invalid, and you cannot recover compensation.
After receiving your complaint, the CRD will evaluate the facts of the case and launch an investigation. An investigation involves notifying your employer. Additionally, their response to the CRD can review your employer's response.
By evaluating the evidence you present for the case, the CRD determines the basis of your allegations. The CRD resolves the claim in alternative ways. This could include asking you and your employer to discuss the matter and find solutions. Common resolutions include changing workplace policies. Besides, the employer can reinstate your job, and pay lost income, all out of court.
If the Civil Rights Department is unsuccessful in resolving your claim, they will issue you the right to sue. The right to sue allows you to file a lawsuit against your employer. In this case, you must hire a competent attorney when you file a lawsuit. The lawyer will help you gather evidence for the case and file a lawsuit in court.
When you file a civil lawsuit against your employer, the judge will determine the amount you deserve as compensation. This is after reviewing your evidence and checking the response from your employer.
Compensation Benefits in a National Origin Discrimination Lawsuit
You may recover compensation for the following damages if you are successful in filing a lawsuit:
Back Pay
Back pay is the amount you lost in wages, overtime, and bonuses when you were not at work. National origin discrimination can take a toll on your emotional and mental well-being. This can create challenges for you when performing well at work. Missing work will result in reduced wages.
Additionally, you could face retaliation from an employer for complaining about discrimination. Common forms of retaliation include termination and reduction of pay. You can suffer a job termination due to your national origin. Under these circumstances, you will recover compensation for the back pay.
Your employer will pay your back payments to your regular paycheck in a lump sum after the settlement of your lawsuit. Additionally, you may recover the interest that accrues from the back pay. However, the wage interest is not automatic. If you seek this benefit, you must take legal action by filing a wage claim against the employer.
Promotion
An employer can deny you a promotion you qualify for due to your national origin. Under these circumstances, the court will order you to receive the promotion after the lawsuit. This means you will receive a higher income from the promotion.
Higher Income
For similar work, paying less than other workers is a common form of national origin discrimination in California. If you prove that you received the low payment due to your origin, you can recover compensation by receiving a raise.
Pain and Suffering
National origin is an aspect that most people hold dearly. Workplace discrimination based on national origin can cause distress. In your lawsuit against your employer, you can recover compensation for the pain and suffering.
Attorney Fees and Court Costs
Pursuing a lawsuit for national origin discrimination is a complicated process. Therefore, you will require the guidance of a reliable sexual harassment attorney. Hiring an attorney will add to the financial distress you may already be experiencing due to the adverse action by your employer.
Additionally, you may pay all the costs associated with filing your lawsuit. If you win a national origin discrimination lawsuit, you will recover compensation for your attorney fees.
Punitive Damages
You can recover punitive damages if your employer discriminates against you for your national origin. This happens if they act with malice or recklessness. Unlike other benefits that reimburse your losses, punitive damages aim to punish the employer for their wrongs. They also deter similar acts.
Wrongful termination after a Workplace Discrimination Lawsuit
You have a right against discrimination based on your national origin. Your employer must treat you fairly. They must also set rules to prevent national origin discrimination at work. If you file a lawsuit against the employer, they can retaliate against you by terminating your employment.
California is an at-will state. This means an employer can offer employment and terminate an employee for any reason. However, it is unlawful for the employer to fire you for filing a lawsuit against them. In this case, you can file a wrongful termination lawsuit against them.
In a wrongful termination lawsuit, you must prove that your firing was due to filing a discrimination suit against the employer. Standard pieces of evidence you can use for your lawsuit include:
- Eyewitness accounts. You can present witnesses like coworkers to support the account of events leading up to termination.
- Recorded communication. If you have emails, handwritten notes, or social media posts that support your claim, you can present them in your lawsuit.
- Company employment date. If the company has a history of firing workers who report it to the Fair Employment and Housing Act, you can use that record as evidence in your case.
Your employer will usually fight any claim of wrongful termination. They might say they fired you for poor performance or not following company policies. So, you will need an excellent attorney to navigate the wrongful termination lawsuit.
Frequently Asked Questions on National Origin Discrimination in California
If you are a victim of discrimination, you may be unsure of the proper steps to take to protect your rights. The following are frequently asked questions on national origin discrimination:
How can I report national origin discrimination?
If you are an employee or job applicant, you can file a claim with the EEOC if you face discrimination due to your national origin. This reporting form is available for private, state, and federal employees. After filing your claim, the EEOC can review it and issue you a right to sue, allowing you to file a lawsuit against your employer.
Are employers obligated to accommodate traditions and practices of different origins?
No. Title VII protects employees and job applicants regardless of national origin and ethnicity. However, an employer is not legally obligated to accommodate different traditions and practices. The employer must have policies to prevent discrimination.
Does Title VII prevent employers from checking non-citizen authorizations to work in the state?
No. An employer must verify all non-immigrants' identities and work permits before hiring them. The employer must treat all applicants fairly during the verification and authorization process. Also, an employer cannot use the process to punish employees who retaliate against discrimination.
The Immigration and Nationality Act prohibits using documentary practices to harass an employee. This could include requesting more documents that are necessary to prove employment eligibility.
What does an employer need to do to prevent harassment based on nationality?
An employer must not discriminate against or mistreat you due to your nationality. They must also prevent other employees from harassing or discriminating against you. This is to create policies that ensure employees who violate the laws face discipline.
Is it challenging to prove national origin discrimination?
Most perpetrators of workplace harassment and discrimination often deny the allegations. Therefore, proving your allegations becomes difficult. If you intend to sue the perpetrator or your employer, you must gather enough evidence to support the claims.
Sometimes, your employer can take retaliatory measures against you. This occurs when you file a lawsuit for discrimination. You must document your interactions with them. Additionally, you can have witnesses to support your account of events.
Find a Competent Sexual Harassment Attorney Near Me
People from all countries immigrate to the U.S. for a better life, education, and jobs. Your job is your livelihood. When it clashes with your national origin, it can hurt you. You may feel confused and unsure of how to proceed.
California law protects you from discrimination at the workplace based on your national origin. You are a victim of discrimination if an employer denies you jobs, fires you or implements harmful policies due to your national origin. Also, you can claim harassment or discrimination due to associations.
If you are in this predicament, you can file a lawsuit against the employer. At the Sexual Harassment Attorney, we know that national origin discrimination can hurt your livelihood. Our skilled attorneys will provide the legal insight you need. It will help you hold your employer accountable for discrimination and recover compensation. Contact us at 800-905-1856 from any location in California to discuss your case.
