National Origin Discrimination Laws in Employment under Employment Law

11 Jul 2025 --
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National Origin Discrimination Laws in Employment

Definition:
National origin discrimination occurs when an employee or job applicant is treated unfavorably because they are from a particular country or part of the world, have a certain ethnicity or accent, or appear to be of a certain ethnic background.

Key Legal Protections

Title VII of the Civil Rights Act of 1964 (U.S.)

Prohibits employers from discriminating against employees or applicants based on national origin (as well as race, color, religion, and sex).

Applies to employers with 15 or more employees, including federal, state, and local governments.

Other Applicable Laws

Equal Employment Opportunity Commission (EEOC) enforces Title VII and investigates complaints of national origin discrimination.

Some state and local laws may provide additional protections or cover smaller employers.

What Constitutes National Origin Discrimination?

Refusing to hire or promote someone because they are from a particular country or ethnic background.

Treating employees differently in terms of pay, job assignments, training, or benefits because of their national origin.

Harassment based on national origin, including ethnic slurs, jokes, or offensive remarks.

Imposing language requirements that are not job-related or necessary for business operations.

Retaliating against an employee for complaining about national origin discrimination.

Employer Responsibilities

Provide equal employment opportunities regardless of national origin.

Avoid policies or practices that disproportionately affect employees from certain national origins unless justified by business necessity.

Maintain a workplace free of harassment or hostility based on national origin.

Provide training and policies to prevent discrimination.

Investigate and address complaints promptly.

Common Issues & Examples

Language Policies: Employers may require employees to speak English at certain times if it is necessary for safe or efficient operations, but blanket English-only rules can be discriminatory unless justified.

Accent Discrimination: Treating employees unfavorably because of their accent or requiring them to alter their accent without valid business reasons.

Stereotyping: Assuming someone is less qualified or less capable because of their national origin.