California National Origin Discrimination Lawyer
Workers can be discriminated against for reasons such as their national origin. National origin discrimination and race discrimination are pretty much the same.
Employers are forbidden from treating an employee differently (favorably or unfavorably) because of their race. The same thing applies to employers when it comes to a person’s national origin, which refers to their ancestry or heritage. For example, an employer cannot refuse to hire applicants who are originally from Mexico. This would be discrimination.
We cannot change our heritage. Therefore, you should not be treated unfairly because of it. If you were fired, demoted, or treated poorly due to your ancestry, seek legal help from a California national origin discrimination lawyer from The Garza Firm. We can help you understand your legal rights and options.
What Employers Should Know
It is legal for an employer to require an employee to speak fluent English, but only if fluency in English is necessary to perform the job effectively. An “English-only rule” is allowed only if it is needed to ensure the safety of others and is put in place for nondiscriminatory reasons. An employer cannot base an employment decision on an employee’s foreign accent unless it interferes with job performance.
Examples of National Origin Discrimination
There are three main aspects of national origin that can lead to discrimination:
Affiliation. Employees or applicants sometimes face discrimination based on their affiliation with a particular ethnic group. For example, an employer cannot harass an employee because she is Jewish. A person cannot be paid less because they are African American. Also, an employer cannot discriminate against an employee due to their clothing and physical or cultural traits. For example, harassing an employee because he wears a turban is national origin discrimination.
Association. Federal law also prohibits discrimination based on an employee’s association with certain national origin groups. For example, an employer cannot discriminate against an employee because his spouse is Middle Eastern. Similarly, an employer cannot pay a worker less money because they have strong ties to the Hispanic community.
Perception. How the employee identifies does not matter in a national origin discrimination case. The case is based on how the employer perceives an employee’s ethnicity. What this means is that an employer cannot discriminate against an employee that they perceive to belong to a certain ethnic group or heritage, even if their perception is incorrect. For example, if an employer fires a worker because they are perceived to be Middle Eastern, even if they are actually Hispanic, the employer has still discriminated against the worker.
Contact The Garza Firm Today
Employers tend to make assumptions and follow stereotypes based on a person’s national origin. This is illegal when it causes an employer to treat a job applicant or employee unfavorably.
Have you been a victim? If so, contact the California national origin discrimination lawyers at The Garza Firm. Call (949) 570-8350 or fill out the online form to schedule a consultation.