Omar Bennett
National origin discrimination involves treating people unfavourably because of their actual or perceived place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding foreign. This means someone cannot be denied equal opportunities because they or their family are from another country, because they have a name or accent associated with a national origin group, because they participate in certain customs associated with a national origin group, or because they are married to or associated with people of a certain national origin. Discrimination can occur in employment, housing, credit, and public accommodations like restaurants, movie theatres, parks, and trains. It is unlawful to harass a person because of their national origin, and harassment can include offensive or derogatory remarks about a person's national origin, accent, or ethnicity.
| Characteristics | Values |
|---|---|
| Place of birth | Actual or perceived |
| Country of origin | Actual or perceived |
| Ancestry | |
| Native language | |
| Accent | |
| Appearance | |
| Ethnicity | |
| Citizenship status | |
| Immigration status | |
| Marriage or association with a person of a certain national origin | |
| Stereotypes or assumptions about the abilities, traits, or performance of certain ethnic groups | |
| Dress code or attire | |
| Employment decisions | Hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits |
| Education | |
| Housing | |
| Credit |
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What You'll Learn
Discrimination based on an employee's foreign accent
Despite these laws, accent discrimination is still prevalent in the workplace, with foreign-born Americans often feeling like outsiders and facing bias in hiring, promotion, and career advancement. Employers may decide not to hire a candidate because of an unconscious perception that they are not qualified or don't "fit" the job role. Accent bias can also be seen in the form of "English-only" signs, which are illegal unless the role specifically requires English as the only language.
Employees with non-native accents may also be rated unfavourably during performance evaluations, and a foreign accent may even make a person seem less truthful. In one case, a manager at a car dealership denied a Nigerian employee a promotion because he needed to learn to speak "more like an American". The lawsuit resulted in a $99,000 settlement.
It is important to note that an employer may base an employment decision on an employee's foreign accent if it seriously interferes with their job performance. However, the employer must provide evidence that effective spoken communication in English is necessary for the employee to perform their job duties.
To address accent discrimination, the US Department of Justice's Civil Rights Division has established a National Origin Working Group to help citizens and immigrants understand and exercise their legal rights.
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Discrimination based on an employee's citizenship status
Federal law prohibits employers from discriminating against individuals based on their citizenship or immigration status, national origin, race, color, religion, sex, age, disability, or genetic information. This applies to all aspects of employment, including hiring, firing, pay, promotions, job assignments, and training.
National origin discrimination involves treating applicants or employees unfavorably because of their actual or perceived place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding "foreign." Discrimination can also occur when an employee is treated unfavorably because they are married to or associated with someone of a certain national origin. Harassment, such as offensive or derogatory remarks about an individual's national origin, accent, or ethnicity, is also prohibited.
The U.S. Department of Labor's Civil Rights Center (CRC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin. The Immigrant and Employee Rights Section (IER) investigates charges of employment discrimination related to an individual's citizenship, immigration status, or national origin. The Equal Employment Opportunity Commission (EEOC) generally has jurisdiction over national origin claims involving employers with 15 or more employees.
It is important to note that there may be limited situations where an employer can consider citizenship or immigration status. For example, when a law, executive order, regulation, or government contract requires limiting a position to a particular citizenship status. However, these cases are rare and do not apply to the majority of jobs.
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Discrimination based on an employee's ethnicity
Harassment based on ethnicity is also unlawful. This can include ethnic slurs, workplace graffiti, or other offensive conduct directed towards an individual's ethnicity. Harassment can be committed by supervisors, coworkers, or even non-employees, such as customers or contractors. If such harassment is severe or pervasive, it may create a hostile or offensive work environment, constituting unlawful discrimination.
Additionally, employers may not base employment decisions on stereotypes or assumptions about the abilities, traits, or performance of certain ethnic groups. For example, refusing to hire anyone with a criminal record disproportionately harms Black and Latinx applicants, constituting illegal "disparate impact" discrimination.
If an employee or applicant believes they have been discriminated against based on their ethnicity, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) or their local civil or human rights agency. It is recommended that they keep all relevant documents and write down a timeline of events to support their claim.
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Discrimination based on an employee's association with a person of a certain national origin
Additionally, the Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for employers to discriminate based on an individual's citizenship or immigration status. IRCA prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required by law, regulation, or government contract. Employers must accept lawful documentation that establishes an employee's eligibility, regardless of their national origin or citizenship status.
National origin discrimination can also manifest in more subtle ways, such as through an employer's word-of-mouth recruiting practices, which may inadvertently exclude certain national origin groups. To avoid this, employers should utilise diverse recruitment methods to attract a wide range of job seekers.
Furthermore, discrimination can occur when an employee is subjected to offensive or derogatory remarks about their national origin, ethnicity, or accent. This can create a hostile or offensive work environment and is considered unlawful harassment. Employers are liable if they are aware or should have been aware of such harassment and fail to take corrective action.
It is important to note that national origin discrimination is not limited to direct employment decisions but also includes disparate treatment and adverse personnel actions due to an employee's association with a person of a certain national origin.
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Discrimination based on an employee's appearance
Appearance-based discrimination occurs when an individual is treated differently based on their physical characteristics, such as eye color, clothing choices, height, hairstyle, or how they walk or talk. While federal anti-discrimination laws in the United States do not explicitly protect against discrimination based on these characteristics, appearance discrimination can intersect with unlawful discrimination based on protected characteristics. For example, discrimination against an employee's hairstyle may be tied to their race or gender identity. Similarly, discrimination based on an employee's clothing choices or height could potentially be linked to their gender or disability, which are protected characteristics.
In the context of national origin discrimination, appearance-based discrimination can occur when an employee is treated unfavorably because they appear to be of a certain ethnic background or are perceived as looking or sounding "foreign." This could include discriminatory treatment based on an employee's accent, native language, or participation in customs associated with a national origin group.
To address appearance-based discrimination, it is crucial to recognize that it can be closely tied to unlawful discrimination based on protected characteristics. Employers should ensure that any appearance requirements imposed on employees do not disproportionately impact individuals with certain protected characteristics. Additionally, employees who believe they have been discriminated against based on their appearance, especially when linked to their protected status, should seek legal advice and understand their rights and available remedies.
By addressing appearance-based discrimination and its intersection with protected characteristics, we can create a more inclusive and equitable workplace environment.
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