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National Origin Discrimination

National origin discrimination is illegal under federal laws, and it refers to discrimination based on an individual’s place of birth, ancestry, ethnicity, accent, or cultural background. Discrimination based on national origin can occur in various forms, such as in hiring, promotions, pay, and termination. In this article, we will discuss the federal laws that prohibit national origin discrimination, examples of national origin discrimination, and what to do if you experience discrimination based on your national origin.

What are National Origin Discrimination Laws?

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination based on race, color, religion, sex, or national origin. This law applies to employers with 15 or more employees, including state and local governments. It also covers employment agencies, labor unions, and apprenticeship programs. In addition to Title VII, the Immigration and Nationality Act (INA) also prohibits discrimination based on national origin against individuals who are authorized to work in the U.S.

Can You Discriminate Based on National Origin?

No, it is illegal to discriminate based on national origin. Employers are required to provide equal employment opportunities to all employees and applicants regardless of their national origin. National origin discrimination can occur in many different ways, including language, accent, cultural background, and physical appearance. Any of these factors should not be used to make employment decisions.

What is National Origin Discrimination Under Title VII?

National origin discrimination under Title VII occurs when an employer treats an individual unfavorably because of their birthplace, ancestry, culture, or language. For example, if an employer refuses to hire an applicant because they have a foreign accent or appear to be of a certain ethnicity, this is considered national origin discrimination. Employers cannot make employment decisions based on stereotypes or assumptions about an individual’s national origin.

What is an Example of National Origin Discrimination?

National origin discrimination can take many forms, and some examples of this type of discrimination include:

1. Hiring Practices: Employers cannot require applicants to be fluent in English unless English fluency is essential to the job. For example, if the job requires communicating with English-speaking customers, English fluency may be essential. However, if the job does not require such communication, it is illegal to require English fluency.
2. Promotion and Pay: Employers cannot base promotion or pay decisions on an employee’s national origin. If an employee is qualified for a promotion or a pay increase, their national origin should not be a factor in the decision-making process.
3. Harassment: Employers cannot allow employees to harass or create a hostile work environment based on an employee’s national origin. Harassment can include racial slurs, derogatory comments, or physical intimidation.
4. English Only Rules: Employers cannot require employees to speak only English in the workplace unless there is a legitimate business reason for doing so. For example, if the employer needs to ensure communication with customers or coworkers who only speak English, an English-only rule may be necessary. However, if the rule is used to target employees who speak a language other than English, it is illegal.

What to Do If You Experience National Origin Discrimination in the Workplace?

If you believe you have been discriminated against based on your national origin, you have the right to file a national origin discrimination complaint with the Equal Employment Opportunity Commission (EEOC). You must file your complaint within 180 (300 in Illinois) days of the discriminatory act. The EEOC will investigate your claim and attempt to resolve the matter through mediation or litigation. You may also choose to file a lawsuit against your employer in court.

In addition to Title VII of the Civil Rights Act of 1964, another federal law that prohibits national origin discrimination is Section 1981 of the Civil Rights Act of 1866. Section 1981 applies to both private and public employers, as well as to other legal relationships, such as contracts. The law prohibits discrimination based on race and national origin in a variety of contexts, including employment, housing, and contracting. It is intended to provide individuals with equal protection under the law regardless of their race or national origin.

What is Section 1981?

Section 1981 of the Civil Rights Act of 1866 is a federal law that provides protections against race and national origin discrimination in contracts and other legal relationships. It states that all persons have the same right to make and enforce contracts as is enjoyed by white citizens. This law applies to both private and public employers.

How Does Section 1981 Prohibit National Origin Discrimination?

Section 1981 prohibits discrimination based on national origin by protecting the right of all persons to make and enforce contracts without regard to their race or national origin. This means that an employer cannot discriminate against an employee or applicant based on their national origin in any aspect of employment, including hiring, firing, promotion, pay, and benefits. If an employer treats an employee or applicant unfavorably because of their national origin, this may constitute a violation of Section 1981.

What is an Example of National Origin Discrimination Under Section 1981?

National origin discrimination under Section 1981 can take many forms, and some examples of this type of discrimination include:

1. Hiring Practices: Employers cannot refuse to hire an applicant because of their national origin. For example, if an employer refuses to hire an applicant because they are from a particular country, this is considered national origin discrimination under Section 1981.
2. Promotion and Pay: Employers cannot base promotion or pay decisions on an employee’s national origin. If an employee is qualified for a promotion or a pay increase, their national origin should not be a factor in the decision-making process.
3. Harassment: Employers cannot allow employees to harass or create a hostile work environment based on an employee’s national origin. Harassment can include racial slurs, derogatory comments, or physical intimidation.
4. Retaliation: Employers cannot retaliate against employees who complain about national origin discrimination or participate in an investigation or lawsuit related to national origin discrimination. Retaliation can include any adverse employment action, such as demotion, termination, or denial of a promotion.

While both laws share the common goal of protecting individuals from discrimination, there are some key differences between Title VII and Section 1981 as they relate to national origin discrimination.

Here are some of the differences:

1. Coverage: Title VII applies to employers with 15 or more employees, while Section 1981 applies to both private and public employers, as well as to other legal relationships, such as contracts.
2. Scope: Title VII covers all aspects of employment, including hiring, firing, promotion, pay, and benefits, while Section 1981 covers discrimination in contracts and other legal relationships.
3. Statute of limitations: Under Title VII, an individual must file a charge of discrimination with the EEOC within 180 or 300 days of the discriminatory act, depending on the state. Under Section 1981, the statute of limitations is four years for contract claims.
4. Burden of proof: Under Title VII, an individual must prove that discrimination occurred because of their national origin, and it was a factor in an adverse employment decision. Under Section 1981, an individual must prove that the discrimination was intentional and caused harm or economic loss.
5. Remedies: Under Title VII, an individual can recover back pay, front pay, compensatory and punitive damages, and injunctive relief. Under Section 1981, an individual can recover damages for economic losses, such as lost wages or profits, as well as for emotional distress.

The Illinois Human Rights Act is a state law that prohibits national origin discrimination in various contexts, including employment, housing, and public accommodations. This law provides individuals with protection against discrimination based on their place of birth, ancestry, ethnicity, or cultural background.

How Does the Illinois Human Rights Act Prohibit National Origin Discrimination?

The Illinois Human Rights Act prohibits national origin discrimination by requiring employers and other covered entities to provide equal employment opportunities to all employees and applicants regardless of their national origin. This means that an employer cannot discriminate against an employee or applicant based on their national origin in any aspect of employment, including hiring, firing, promotion, pay, and benefits. Additionally, the Act prohibits discrimination in housing and public accommodations.

Examples of National Origin Discrimination in Illinois

There have been several cases of national origin discrimination in Illinois, which have been addressed by the Illinois Department of Human Rights (IDHR) or the courts. Here are some examples:

1. A Hispanic employee was subjected to harassment and discrimination based on her national origin by her employer. The employer was found guilty of national origin discrimination, and the case was settled for $110,000.
2. A group of Hispanic employees filed a complaint with the IDHR against their employer, alleging that they were subjected to a hostile work environment based on their national origin. The IDHR found that the employer had engaged in national origin discrimination and harassment and ordered the employer to pay $500,000 in damages to the employees.

These cases demonstrate the importance of the Illinois Human Rights Act in providing protections against national origin discrimination.

What to Do If You Experience National Origin Discrimination in Illinois?

If you believe that you have experienced national origin discrimination in Illinois, you should contact an attorney or file a complaint with the Illinois Department of Human Rights to protect your rights and seek redress. Under the Illinois Human Rights Act, an individual must file a complaint with the IDHR within 300 days of the discriminatory act. The IDHR will investigate your claim and attempt to resolve the matter through mediation or litigation. If mediation is not successful, you may choose to file a lawsuit against your employer in court.

It is important to note that Illinois law provides protections against retaliation for employees who file a complaint of national origin discrimination. If an employer retaliates against an employee for filing a complaint, the employer may be subject to additional penalties and damages.

Examples of National Origin Discrimination in the Workplace

National origin discrimination in the workplace can take many forms, and some examples of this type of discrimination include:

1. Language Discrimination: Employers cannot discriminate against employees or applicants based on their accent or language. For example, an employer cannot refuse to hire someone because they have a foreign accent or speak a language other than English.
2. Hiring Practices: Employers cannot refuse to hire an applicant because of their national origin. For example, if an employer refuses to hire an applicant because they are from a particular country, this is considered national origin discrimination.
3. Harassment: Employers cannot allow employees to harass or create a hostile work environment based on an employee’s national origin. Harassment can include racial slurs, derogatory comments, or physical intimidation.
4. Retaliation: Employers cannot retaliate against employees who complain about national origin discrimination or participate in an investigation or lawsuit related to national origin discrimination. Retaliation can include any adverse employment action, such as demotion, termination, or denial of a promotion.

Examples of National Origin Discrimination in Housing and Public Accommodations

National origin discrimination in housing and public accommodations can also take many forms, and some examples of this type

of discrimination include:

1. Refusal to Rent or Sell: Landlords or real estate agents cannot refuse to rent or sell a property to an individual based on their national origin.
2. Discriminatory Terms or Conditions: Landlords cannot impose different rental terms or conditions on an individual based on their national origin. For example, a landlord cannot require a higher security deposit from an individual because of their national origin.
3. Harassment: Landlords or property managers cannot harass an individual based on their national origin. Harassment can include racial slurs, derogatory comments, or physical intimidation.
4. Discrimination in Public Accommodations: Businesses, such as restaurants, hotels, and retail stores, cannot discriminate against individuals based on their national origin. For example, a restaurant cannot refuse to serve an individual because of their national origin.

If you believe that you have experienced national origin discrimination in Illinois, you may choose to file a charge of discrimination with the Illinois Department of Human Rights (IDHR) but you must do so within 300 days of the discrimination.

Here are five reasons why hiring an attorney can be beneficial if you are pursuing a national origin discrimination case through the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC):

1. Knowledge of National Origin Discrimination Laws: An attorney who specializes in employment law and discrimination cases will have a deep understanding of the legal frameworks that govern national origin discrimination complaints. This knowledge can be critical to building a strong case.
2. Guidance on the Complaint Process: Filing a national origin discrimination complaint with the IDHR or the EEOC can be a complex process. An experienced attorney can help you navigate the complaint process, including filing deadlines, documentation requirements, and other important details.
3. Support During the Investigation: If the IDHR or the EEOC investigates your national origin discrimination complaint, an attorney can provide support during the process. This may include gathering evidence, preparing for interviews, and responding to requests for information from the agency.
4. Help with Negotiation or Mediation: If the IDHR or the EEOC attempts to conciliate the case between you and the employer or other covered entity, an attorney can help you negotiate the terms of the settlement or participate in mediation. Having an attorney on your side can help ensure that your rights and interests are protected during this process.
5. Representation in Court: If conciliation is not successful or is not attempted, you may choose to file a lawsuit against the employer or other covered entity. An attorney can represent you in court and help you build a strong case, present evidence, and advocate on your behalf during the trial.