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National Origin Discrimination

national-origin-discrimination

National origin discrimination in Texas is illegal under both federal and state employment laws. Employers are prohibited from discriminating, harassing, or wrongfully terminating employees based on their national origin, heritage, or related characteristics. If you believe you have been subjected to unfair treatment at work because of your national origin, it’s crucial to act quickly to protect your rights.

The Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission Civil Rights Division enforce national origin discrimination laws and have strict filing deadlines for claims. Federal employees have an even shorter timeframe to file complaints. If you’re dealing with discrimination, harassment, or retaliation, contact me to discuss your case.

What Laws Protect Against National Origin Discrimination in Texas?

Several key laws protect employees from national origin discrimination in Texas:

  1. Title VII of the Civil Rights Act of 1964: This federal law prohibits employers from discriminating based on national origin, race, or other protected characteristics.
  2. The Texas Labor Code: Mirrors federal protections and prohibits employment discrimination at the state level.
  3. The Civil Rights Act of 1866: Provides additional protections against racial and national origin discrimination.

If your employer violates any of these laws, you have the right to pursue legal action. Contact me to determine the best course of action for your situation.

Who Is Protected Under National Origin Discrimination Laws?

National origin discrimination laws protect both U.S. citizens and non-citizens in Texas. You do not need to be a U.S. citizen to have legal protections under these laws.

However, there are limited exceptions. Employers may make employment decisions based on citizenship or visa status if it’s required by law. Still, they cannot use citizenship as a cover to discriminate against individuals of a certain ethnicity or heritage.

 

What Does “National Origin” Mean?

“National origin” is broadly interpreted by courts and generally refers to:

  • The country or region where you were born.
  • The country or region of your ancestors.

National origin is often closely tied to race discrimination, and evidence of one type of discrimination can support the other. For example, an employee facing discrimination due to their language, dress, or perceived ethnicity may have claims for both racial and national origin discrimination.

What Actions Are Prohibited Under National Origin Discrimination Laws?

Employers in Texas cannot take discriminatory actions against employees because of:

  • Heritage or ancestry: Treating someone unfairly because of their ethnic background.
  • Birthplace: Discriminating against an employee due to where they were born.
  • Language or accent: Refusing to hire or promote someone due to their accent unless it significantly interferes with job performance.
  • Perceived ethnicity: Discriminating based on the belief that an employee belongs to a certain group, even if they don’t.
  • Association with ethnic groups: Treating an employee unfairly because of relationships or associations with people of a certain ethnicity.
  • Ethnic clothing: Prohibiting employees from wearing clothing or accessories tied to their cultural or religious identity.
  • Citizenship: Using citizenship requirements to discriminate against certain ethnic groups but not others.

If you have faced any of these forms of national origin discrimination in Texas, you may have a valid legal claim.

What Does National Origin Discrimination Look Like?

National origin discrimination in Texas can take many forms. Some examples include:

  • Harassment: Subjecting employees to offensive comments, jokes, or behavior due to their ethnicity.
  • Refusal to Hire: Denying employment opportunities to qualified candidates based on national origin.
  • Unequal Treatment: Promoting employees of one ethnicity while refusing promotions to others.
  • Wrongful Termination: Firing an employee shortly after learning about their national origin.
  • Workplace Policies: Implementing dress codes or language rules that disproportionately affect certain ethnic groups.

Examples:

  1. Refusing to hire a Mexican national but hiring a British national for the same position.
  2. Harassing Sikh employees for wearing turbans.
  3. Assuming Middle Eastern employees are terrorists.
  4. Denying promotions due to an employee’s accent.
  5. Giving preferential treatment to individuals of the employer’s own ethnicity.

Employers rarely admit to discrimination, so circumstantial evidence like timing, comments, and workplace policies may be critical to proving your case.

How to File a National Origin Discrimination Claim in Texas

If you believe you have been a victim of national origin discrimination in Texas, here’s what employees often do:

  1. Document the Discrimination: Keep records of discriminatory actions, comments, or policies. Include dates, times, and witnesses.

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  1. Contact a Lawyer: A national origin discrimination lawyer in Texas can guide you through the process, ensure deadlines are met, and help you gather evidence.

Contact a National Origin Discrimination Lawyer in Texas

As stated above, the time to act on a claim of discrimination is limited. If you believe that you have been subjected to race discrimination in the workplace, contact me, a Texas discrimination lawyer, to set up a consultation.

For additional information regarding employment law visit the employment law home page.

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    Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
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