Title VII of the Civil Rights Act of 1964 and New York state law in New York prohibits discrimination based on national origin. Employers are prohibited from discriminating against qualified employees or applicants because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a particular ethnic background (even if they aren’t).

Federal National Origin Discrimination in Employment Law

Federal law includes the prohibitions above. It prohibits national origin discrimination in:

• Hiring
• Firing
• Pay
• Promotions
• Layoffs
• Job assignments
• Training
• Benefits
• Any other term or condition of employment

Federal law also prohibits harassment, including offensive or derogatory remarks, based on national origin. The harassment can be sufficient to create a hostile work environment. The harasser can be:

• Victim’s supervisor
• Supervisor in another area
• Coworker
• Client or customer

Employers must also avoid policies that apply to everyone but result in national origin discrimination. An example of this is a policy requiring that employees speak only English in the workplace unless there is a significant basis for the policy.

Employers are also prohibited from making employment decisions based on citizenship or immigration status so long as the applicant is legally permitted to work in the United States.

New York National Origin Discrimination Law

New York prohibits discrimination based on national origin or ancestry. Both the State and the City have statutes relating to this discrimination and covering smaller businesses than federal law. In general, they include:

• No discrimination in any aspect of employment based wholly or in part on national origin
• No use of recruitment practices that tend to exclude or discourage applicants of a particular national origin
• No tolerance of national origin harassment in the workplace
• No supervisor workplace national origin harassment

Call a New York National Origin Discrimination Lawyer Today for a Free Consultation

If you have been discriminated against at work because of your national origin, you should contact an experienced lawyer as soon as you can. At A.Y.G., PLLC, we are dedicated to helping our clients obtain the compensation they deserve. Call us today at 646-201-8625 or contact us online.