National Origin Discrimination

People from around the world are coming to the United States in search of jobs and that influx of diversity can create challenges for employers.

On the one hand, you must adapt your policies and practices to recognize the different languages, cultures, and religions in your workplace. How to effectively communicate and implement your policies and practices becomes a new challenge. On the other hand, members of the traditional workforce who feel new workers are displacing them can become resentful.

Audit your national origin non-discrimination policies and practices with the Employment Practices Self-Audit Workbook

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National Origin Harassment tools for Employment Law Letter subscribers
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What's your HR IQ on Title VII of the Civil Rights Act?

Title VII of the Civil Rights Act of 1964 is the federal law that prohibits discrimination on the basis of national origin. Many states also have similar civil rights laws that affect employers.

State-by-state comparision of 50 Employment Laws in 50 States, including national origin discrimination

The Equal Employment Opportunity Commission’s (EEOC) published guidance states that "national origin discrimination" means treating someone less favorably because he's from a certain place or belongs to a particular national origin group.

A "national origin group" is a group of people sharing a common language, culture, ancestry, and/or other similar social characteristics. According to the EEOC’s guidance, the prohibition against national origin discrimination includes discrimination against any national origin group, including larger ethnic groups (such as Hispanics or Arabs) and smaller groups (such as Kurds).

The prohibited discrimination encompasses discrimination based on ethnicity, physical, linguistic, or cultural traits, or an employer's perception that an individual is a member of a particular national origin group.

National origin discrimination often overlaps with race discrimination or religious discrimination. For example, an Egyptian who's subjected to harassment about his Arab ethnicity and to derogatory comments about Islam would have a claim based on both national origin and religious discrimination. The EEOC’s guidance states that employers may not rely on customer or coworker preference as a basis for discrimination.

Accent discrimination and fluency requirements

Personnel decisions based on accent are closely scrutinized because linguistic characteristics are an element of national origin. But an employer may base an employment decision on accent if the job in question requires effective oral communication in English and the individual's accent significantly interferes with the ability to communicate orally in English. Similarly, fluency requirements are permissible if required for the effective performance of the particular job.

English-only rules

The EEOC’s guidance states that an "English-only" rule is permissible if the employer needs it to operate safely or efficiently.

Citizenship requirements

It isn't unlawful per se to impose a citizenship requirement. It violates Title VII, however, if it has the purpose or effect of discriminating on the basis of national origin.

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Related articles on National Origin Discrimination from HR Hero Line and the Employment Law Post

• Sotomayor’s District Court Decisions on National Origin Discrimination
  (The Word on Employment Law, June 2009)

HR Tools for National Origin Discrimination

• HR Executive Special Report - How to Discipline and Document Employee Behavior
  (available for purchase by nonsubscribers)
• HR Executive Special Report - Recognizing & Responding to Workplace Discrimination
  (available for purchase by nonsubscribers)
• Sample Policy - Equal Employment
• Sample Policy - Harassment and/or Discrimination