National Origin Harassment

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The Equal Employment Opportunity Commission (EEOC) defines national origin harassment broadly as including the denial of equal employment opportunities because an individual has a certain place of origin or ancestry or the physical, cultural, or linguistic characteristics of a national origin group.

National Origin Harassment tools for Employment Law Letter subscribers
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The EEOC pays particular attention to charges alleging that individuals have been denied equal employment opportunities for reasons that are grounded in national origin considerations, such as:

• marriage to or association with persons of a national origin group;
• membership in or association with an organization identified with or seeking to promote the interests of national origin groups;
• attendance or participation in schools, churches, temples, or mosques generally used by persons of a national origin group; and
• an individual's name or spouse's name associated with a national origin group.

Charges of discrimination based on national origin often are accompanied by charges of "harassment." This type of harassment typically takes the form of ethnic slurs, graffiti, or other offensive conduct directed toward an individual's birthplace, ethnicity, culture, or accent.

Title VII of the Civil Rights Act of 1964 is the federal law that prohibits discrimination and harassment based on national origin, as well as other protected classes. Many states also have similar civil rights laws that affect employers.

The (EEOC) provides the following example: Mohammed, an Arab-American, works for an automobile dealership. His coworkers regularly call him names like "camel jockey," "the local terrorist," and "the ayatollah" and intentionally embarrass him in front of customers by claiming he's incompetent.

Mohammed reports the conduct to higher management, but no action is taken. The constant ridicule makes it difficult for him to do his job. The EEOC states that this conduct would constitute unlawful harassment.

By contrast, the EEOC provides the following example in which the conduct wasn't severe enough to constitute harassment based on national origin: Henry, a Romanian, works for a shipping company as a dockworker. One day he overhears his foreman telling a coworker that foreigners are stealing jobs from Americans. Later, the foreman calls Henry a lazy jerk and mocks his accent.

The EEOC states that although this conduct is offensive, it isn't sufficiently severe or pervasive to violate Title VII.

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HR Tools for National Origin Harassment

• Sample Policy - Harassment and/or Discrimination