National origin discrimination occurs when an individual is discriminated against based on the country they or their ancestors came from. At Zeff Law Firm, we represent clients in such discrimination cases. Our national origin discrimination lawyers in Philadelphia and Mt Laurel, New Jersey help clients facing discrimination to fight for their rights and protect their interests.
Do you believe your employer is discriminating against you based on national origin? Call 856-778-9700 to learn about your legal options.
Discrimination Based on National Origin
National origin is a protected category under Title VII of the Civil Rights Act of 1964 and state laws This means that an employer may not discriminate against an individual based on national origin when making decisions regarding hiring, firing, promotions, job assignments, and other conditions of employment.
National Origin Discrimination Includes Unfair Treatment Based On:
In addition, an employer cannot prevent an employee from wearing clothing associated with their national origin. If other employees are given latitude as to dress, an employee is permitted to wear clothing that represents his or her national origin. When there is a uniform dress code, however, an employee may not wear clothing that violates the dress code, regardless of national origin.
Language & Accent
In most situations, an individual may not be discriminated against based on language or accent. For example, an English only policy or discrimination against a person with an accent is prohibited. However, if a person’s inability to speak English without an accent affects their ability to perform a job where communication skills are required, the employer may not be in violation of the law. Get the advice of an experienced national origin discrimination attorney in Philadelphia and Mt Laurel for your unique situation.
National origin, commonly called ethnicity or nationality, refers to the country in which you were born. It may also refer to the place where your family comes from. In the United States, employers are prohibited from discriminating against an individual because of their national origin. Unfortunately, despite this prohibition, discrimination still occurs. Read on to learn more about the signs of national origin discrimination and determine whether you may need the help of a national origin attorney.
What Are Examples of National Origin Discrimination in the Workplace?
In short, national origin discrimination in the workplace occurs when your employer takes negative actions against you because of your ethnicity or nationality. Examples of negative actions include:
Firing or suspending you because of nationality
Failing to hire, despite job-related experience
Denying promotions or raises
Speaking or allowing others to make derogatory comments about ethnicity
Implementing more severe punishments compared to other employees
Denying benefits guaranteed to all employees
If you believe that one of the above negative actions has been taken against you because of your national origin, a national origin attorney can help you seek the justice you deserve.
What Laws Offer Protection Against National Origin Discrimination in the Workplace?
The most important law that protects individuals from national origin discrimination is the Civil Rights Act of 1964. The Civil Rights Act, and more especially, Title VII of the Civil Rights Act, is a federal law that prohibits discrimination in the workplace on the basis of an individual’s national origin, as well as prohibiting discrimination on the basis of gender, race, and religion. In short, the goal of Title VII of the Civil Rights Act is to ensure that all companies enact neutral policies in the workplace, provide all employees with equal opportunities, and offer options for legal recourse for individuals who are wrongfully discriminated against.
Most states have their own version of anti-discrimination statutes that protect employees from wrongful national origin discrimination. For example, the Pennsylvania Human Relations Act (PHRA), which similarly prohibits discrimination against a national origin in the workplace for all employers employing more than four individuals in Pennsylvania. Additionally, New Jersey prohibits national origin discrimination in the workplace with the New Jersey Law Against Discrimination (NJLAD). A national origin attorney can help you determine if your employer has violated any one of these statutes and whether you have a viable claim.
What are the Deadlines for Filing a Claim for National Origin Discrimination in PA and NJ?
In every state, you must bring your discrimination claim within a certain period of time, known as the statute of limitations. In other words, a complaint must be filed with the appropriate court before the statute of limitations (or deadline) passes, or else there is a chance that the court will not allow your claim to proceed. To bring a claim under the PHRA, the lawsuit must be filed within 180 days of the alleged discriminatory act. Alternatively, claims brought under the NJLAD must be brought within two years.
It’s important to remember that these deadlines are strict deadlines, and if the allotted time has elapsed, your claim will be barred from proceeding in court. If the statute of limitations has passed in your case, you should still consult a national origin lawyer who may have additional suggestions for your case and may be able to help you bring alternative claims against your employer.
Is it Difficult to Prove National Origin Discrimination in the Workplace in Philadelphia?
Sometimes, it can be difficult to prove that discrimination on the basis of national origin took place at work. This is because most acts of discrimination are not “overt.” In other words, the discriminatory motives are frequently covered up with non-discriminatory excuses. For example, an employer who fires an employee because of his or her nationality will likely claim that the termination was due to an employee’s poor work performance rather than because of their nationality. Fortunately, experienced national origin attorneys are skilled at identifying these patterns and will work with you to identify the key evidence needed to prove your claim.
What should you do if you are the victim of National Origin Discrimination?
There are several important steps you should take right away if you have been the victim of national origin discrimination. The first step is that you should contact and consult with an experienced national origin attorney. An attorney will listen to the details of your case and help you decide whether filing a lawsuit is the appropriate action to take. He or she will also make sure that all deadlines are met and that your case is filed within the appropriate statute of limitations. You must also begin collecting any evidence that supports your claim, including emails, phone records, disciplinary documents, and employee files. Working with your national origin attorney, you will begin to build a case against your employer, and ultimately work towards resolving the wrongful acts of your employer.
Have Your Rights Been Violated?
To learn how the law applies to your situation, please contact us for a consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.