It is illegal for employers to discriminate against employees and job applicants based on their national origin, ethnicity, ancestry, or perceived ethnic background. Even though many individuals in New Jersey come from diverse countries, cultures, and regions, discrimination is common. If you believe that you have been subjected to national origin discrimination, turn to NY Employment Lawyers.
Our employment practice is dedicated to helping workers fight back against all forms of discrimination, including national origin discrimination. Whether you have been treated unfairly or harassed at work because of your culture or the national origin of your spouse, relatives, or friends, we can help. When you meet with us, you will work directly with an experienced national origin discrimination attorney who will fight to protect your rights. Contact us today for an appointment.
What Is National Origin Discrimination?
National origin discrimination is prohibited by federal law and the New Jersey Law Against Discrimination. These laws make it illegal for employers to make employment decisions (e.g. hiring, firing, compensating, promoting) based on national origin. Additionally, harassment based on an employee’s national origin, such as making derogatory comments about their culture, is considered a form of unlawful discrimination as long as it is persistent and severe enough to create a hostile work environment.
There are several forms of this kind of discrimination, such as:
- Discrimination based on country or place of origin – This form of discrimination occurs when an employer discriminates against an individual because of the country they or their ancestors originated from.
- Discrimination against a national origin group – This involves an employer discriminating against an ethnic group with a shared cultural heritage, ancestry, language, ideology, and religion, as well as their style of dress, physical appearance, and linguistic or cultural traits.
- Discrimination based on perception – Employers or coworkers discriminate against someone based on their perceptions that the person is part of an ethnic group, regardless of whether the individual identifies with that culture.
- Employment discrimination based on affiliation or association – Discriminating against an individual who is associated with another person of a particular national origin.
How To Identify National Origin Discrimination
Examples of national origin discrimination include:
- An employer that rejects job applicants with foreign accents who are otherwise qualified to perform their jobs
- A co-worker who makes offensive comments about an employee’s country of origin
- A business with English-only rules that are not essential for business operations.
- A warehouse that only requires Latino job applicants to submit work authorization documents.
- A supervisor who makes comments like “she shouldn’t be speaking to clients because of her accent.”
National origin discrimination is hard to prove, however. Many employers have policies that apply to all workers, such as English-only rules, that have a disparate impact on certain employees based on their national origin. Such policies are only permissible for the safe, efficient operation of the business and cannot exclude individuals from certain nations.
Moreover, an employer cannot make employment decisions based on an individual’s accent unless it significantly interferes with their ability to perform the job. If you have suffered due to the discriminatory actions of others, you can depend on us to help you fight back.
How Our Firm Can Help
If you were denied a job or harassed at work because of your national origin, you need an experienced attorney who knows how to prove national origin discrimination. This is where NJ Employment Lawyers can help. We will conduct a thorough investigation and work closely with you to build a successful case.
By interviewing any witnesses, reviewing employment records, and uncovering evidence of discriminatory conduct by your employer, we will prove your claim and hold your employer accountable. While no two employment discrimination claims are the same, you may be able to obtain damages such as:
- Back pay
- Front pay
- Lost benefits
- Compensatory damages for pain and suffering
- Punitive damages (designed to punish your employer’s misconduct)
- Attorneys’ fees and court costs
Although you may be afraid to come forward, we will always stand by you and make sure your rights are protected. While we typically work to settle employment discrimination claims out of court, we will take your case to trial if necessary and fight to win.
Contact Our Experienced New Jersey National Origin Discrimination Attorney
At NJ Employment Lawyers, we believe that workplaces in New Jersey should reflect the diversity of our society. If you have been mistreated at work because of your ethnic background or national origin, we are here to protect your rights. Contact our office today so we can start working on your claim.