Discrimination in the workplace, based on an employee’s national origin or immigration status is prohibited under both California and federal law.
Under the federal law (Title VII), acts amount to illegal national origin discrimination in the workplace when the acts affect an employee’s “terms or conditions of employment.” “Terms or conditions of employment” is defined as hiring, firing, title, rate of pay, position, team role, hours, vacations, etc. Under California law, an employer cannot take an “adverse employment action” against an employee based on national origin. “Adverse employment actions” include but are not limited to termination, demotion, and failure to promote.
EXAMPLES OF NATIONAL ORIGIN DISCRIMINATION
Unlawful discrimination can take on many forms. Below are examples of employer acts that the courts have found to be discriminatory.
- Hiring procedures that disfavor a group based on their national origin;
- Lower salaries for certain ethnic groups;
- Fewer benefits depending upon national origin;
- Fewer chances of promotion depending on national origin;
- Fewer opportunities for training depending upon national origin;
- Termination based on animus towards an employee’s national origin; and
- Adverse employment action because an employee associates with a particular nationality.
Unfortunately, in today’s society, there is a growing atmosphere of hostility toward undocumented immigrants. U.S. Citizens may now find themselves facing workplace discrimination due to misplaced beliefs regarding their citizenship status. This includes harassment or discrimination regarding hiring, compensation, and termination. Whatever the reason, national origin based discrimination is wrong and, more importantly, it is unlawful.
NATIONAL ORIGIN DISCRIMINATION ATTORNEYS
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.