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HR Hot Topics |
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. Related articles on National Origin Discrimination 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. 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 requirementsPersonnel 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 rulesThe EEOC’s guidance states that an "English-only" rule is permissible if the employer needs it to operate safely or efficiently. Citizenship requirementsIt 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. Related articles on National Origin Discrimination from the State Employment Law Letters
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