It can be extremely frustrating to be refused a job or promotion because of your accent or due to the fact that your name sounds too ethnic. Although United States laws forbid any form of national origin discrimination, it still is one of the discriminatory employment practices quite common in this country. If you feel that you’ve been mistreated because of your national origin or a birthplace, contact a NYC employment discrimination lawyer today.
When an individual is treated differently because of the country in which they were born, their ancestry, culture, linguistic characteristics or accent, they have been discriminated against on the basis of their national origin. An employment action based upon any of these factors constitutes illegal discrimination.
While people often use the term “national origin” interchangeably with the word “race,” this is an incorrect use of the term. National origin specifically refers the country where a person or their ancestors were born, as well as that person’s physical/linguistic traits, family ancestry and cultural background. National origin discrimination in the workplace occurs when an employer treats an employee differently than other employees because of that employee’s perceived or actual national origin. If you experience any national origin discrimination in your workplace, you should consult with a workplace discrimination lawyer.
Some types of national origin discrimination include discrimination based on:
Call an employment discrimination attorney at The Law Office of Yuriy Moshes, P.C. and get free consultation.
For many people living and working in the United States, English is not a first language. One reaction to this diverse workforce is the implementation of English-only rules requiring employees to speak only English on the job. However, full time English-only rules are only lawful if established for nondiscriminatory reasons, and promote the necessary operations of the business. Otherwise, it could be deemed discrimination on the basis national origin. This is because an individual’s primary language is often an essential national origin characteristic.
An English-only rule that is in effect only at certain times is permissible when the employer can demonstrate a business necessity for the rule. An example might be a paid speaking position, such as a customer service representative, where the employer’s customer base is predominately English speaking. English-only rules applicable in limited circumstances may be acceptable, as long as they are not a pretext for discrimination based on national origin. If you have questions about English-only rules in your workplace, or if you believe that you have suffered national origin discrimination on the job, contact a NYC workplace discrimination lawyer to discuss your situation and protect your legal rights.
If something like this happened to you, you should contact an employment discrimination attorney.
Title VII of the Civil Rights Act of 1964 is a federal law that protects employees from discrimination based upon national origin. Unfortunately, Title VII only applies to businesses employing 15 or more people, which exempts a large number of small businesses. Fortunately, the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) also forbid any form of national origin discrimination in the workplace and protect employees working for businesses employing four (4) or more people.
In New York, under Title VII, an employee must file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) within 300 days of the most recent discriminatory act. Once a Notice-of-Right-to-Sue is received from the EEOC, an employee must file his or her lawsuit within ninety (90) days.
Under the NYSHRL and the NYCHRL, an employee must file a claim in court within three (3) years of the last discriminatory act.
If you are discriminated against due to your national origin, know that you are protected under the law. Contact the job discrimination lawyers at the Law Office of Yuriy Moshes, P.C. to learn your options.
An employee that feels he/she has been discriminated against based on national origin must start collecting and preserving evidence. To better understand how to collect evidence, you should first know what to look for:
An experienced employment lawyer can help you understand how the laws protect you against national origin discrimination. Job discrimination lawyers from The Law Office of Yuriy Moshes, P.C. work in the greater New York City area including all of its boroughs (Manhattan, Brooklyn, Queens, the Bronx and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York.