When a candidate or employee is treated unjustly because of their lineage, country of origin, culture, ethnicity, linguistic distinction, accent, or just because they appear and sound foreign or of a certain ethnic group, this is known as national origin discrimination. It may also occur when someone is subjected to discrimination because of their membership with an ethnic group or because they are associated with someone of a certain national origin. In this blog post, learn more about national discrimination and its types faced by employees at the workplace.
There are different types of national discrimination faced by employees. Some of them are:
Violations During Hiring and Recruitment
Candidates whose last names seem foreign may be turned away by employers. Job postings may indicate preferences for candidates from specific nations or areas. Employers may impose additional requirements or harsher standards during interviews on candidates who they believe to be of a certain national origin.
Some organizations allow presumptions about an applicant’s race or place of birth to take precedence over merit-based hiring practices, rejecting applications even when candidates have comparable credentials. Anti-discrimination laws are broken by each of these unfair employment and recruitment practices.
Accent
If an employee’s accent or speech pattern prevents them from being hired, the employer must provide a valid, nondiscriminatory explanation. The qualities of the individual and whether their accent or speech pattern negatively impacted their ability to do their work will be the main topics of investigation. If a regulation is implemented to exclude people of a certain national origin and is unrelated to other factors, then requiring applicants or employees to speak English well may violate Title VII.
Discriminatory Immigration-Related Practices
According to the Immigration Reform and Control Act of 1986 (IRCA), companies must provide documentation proving any worker employed after November 6, 1986, has the right to work in the country. IRCA forbids discrimination on the grounds of citizenship or national origin as well. Employers may have violated both Title VII and IRCA if they selectively request employment verification from people who seem to be foreign or of a certain national origin.
Speak English Only Policy
A policy mandating that workers speak only English while on the job may violate Title VII unless the employer can demonstrate that it is required for doing business. If an employer feels that the English-only policy is essential for business, they must inform staff members of the times when speaking English is required as well as the associated penalties.
If you believe you are the victim of national origin discrimination in the workplace, do not hesitate to contact the attorneys in New Jersey.
