Austin National Origin Discrimination Attorneys
In the workplace, employees expect to be evaluated on their work performance alone. So when an employee is discriminated against for factors that do not pertain to their job, the results can be extremely troubling. Unfortunately, a person’s national origin may prompt workplace discrimination. As such, when an employer discriminates against an employee based on their national origin, they could be held financially accountable for their actions.
The Austin national origin discrimination lawyers at The Melton Law Firm are committed to protecting workers’ rights. Our legal team pursues those who discriminate against employees or coworkers based on their national origins.
When Discrimination Based on National Origin Occurs
Though discrimination may occur at any time during an individual’s employment, it most commonly happens in the hiring and firing processes. If an individual is not allowed the same opportunities as others because of their national origin, they have likely been the victim of discrimination. Some examples of discrimination include:
- Offensive and derogatory references regarding specific national origins
- Consistent denial of reasonable opportunity to advance
- Termination motivated by national origin
When workplace discrimination occurs, victims can turn to an Austin national origin discrimination attorney for help. A skilled lawyer can hold the responsible parties accountable for any financial or emotional damage caused by their actions.
Frequently Asked Questions (FAQs) About National Origin Discrimination
If you believe that you were discriminated against due to your national origin, don’t hesitate to reach out to an experienced employment lawyer for help. You have rights, and if you believe they were violated, Austin attorney John F. Melton wants to hear from you. Read a few of these frequently asked questions, and be sure to call (512) 330-0017 to schedule a confidential consultation to discuss your case.
What laws govern national origin discrimination claims?
The anti-discrimination provision of the Immigration and Nationality Act (INA), found in 8 U.S.C. § 1324b(a)(1)(A), prohibits employers with four to 14 employees from discriminating in hiring based on national origin. Title VII of the Civil Rights Act, found in 42 U.S.C. § 2000e-2, is enforced by the United States Equal Employment Opportunity Commission (EEOC) and prohibits employers with 15 or more employees from discriminating in hiring based on national origin.
Can a person allege national origin discrimination in addition to another basis for discrimination?
Absolutely. National origin discrimination frequently overlaps with other forms of discrimination, such as race, color, retaliation, or religious discrimination. It is also possible that discrimination may be based on a combination of protected characteristics that are inseparable, which is ommonly referred to as “intersectional discrimination.”
How can a job applicant or employee report national origin discrimination?
A private sector or state or local government applicant or employee can file a charge of discrimination by contacting the EEOC or visiting its website. A federal government applicant or employee needs to contact an EEO counselor at their agency.
Can an employer refuse to hire or to fire an individual for failure to obtain a required security clearance?
Employers are allowed to not hire, refuse to refer, or terminate people who fail to obtain required security clearances so long as such a requirement is imposed under a security program in effect pursuant to, or administered under, any federal statute or Executive Order in the interest of national security. A security clearance requirement can be discriminatory if it is required of a certain national origin when it is not required of other employees.
What kind of language issues can an employer legally consider in the workplace?
Certain language-based employment decisions by employers may be allowed, but they cannot violate Title VII. For example, an employer cannot base an employment decision on an accent unless the ability to communicate in spoken English is required to perform job duties effectively and the accent in question materially interferes with the person’s job performance.
A language fluency requirement can be lawful when fluency is necessary for the effective performance of the position. Language-restrictive policies can violate Title VII when they are applied at all times in the workplace, although such a policy could be lawful in limited circumstances if it is needed to promote safe and efficient job performance or safe and efficient business operations.
National Origin Discrimination Statistics
The EEOC reported that there were 7,106 receipts related to national origin discrimination in 2018. This was the lowest total in 20 years since the 6,778 receipts in 1998. The year with the most receipts was 2011 with 11,833 and 1997 had the least with 6,712.
There was $37.5 million in monetary benefits awarded in national origin discrimination cases in 2018, which was the highest total since the $37.9 million awarded in2015. The year with the highest amount of monetary benefits awarded was 2001 with $48.1 million and 1997 had the lowest total with $9.1 million.
Contact an Austin National Origin Discrimination Lawyer Today
At The Melton Law Firm, our legal team understands how troubling discrimination in the workplace can be, and we will pursue those responsible for discriminating against employees in order to make sure they are held legally accountable. To discuss the particulars of your case with one of our Austin national origin discrimination attorneys today, please call (512) 330-0017.