National Origin Discrimination

The United States has long been regarded as a nation embracing all cultures. It is one of the unique traits that make our country great. For many individuals who come to the U.S., their national origins and the cultural elements that come with them remain an important aspect of their personal identity. Unfortunately, not everyone appreciates the rich tapestry that our diverse origins create. Whether due to intolerance or the maintenance of old world cultural vendettas, some employers refuse to hire or provide less favorable terms and conditions of employment to workers based solely or in part on their ancestry. Whether you are newly arrived in the U.S. or have been here for some time, being subjected to this practice can be incredibly disheartening. Fortunately, U.S., N.Y. and NYC laws prohibit these types of practices and provide recourse to those who experience them. Our NYC employment discrimination lawyers at Joseph & Kirschenbaum LLP can help you exert these rights.

Discrimination based on ancestry is closely tied to and often indistinguishable from racial and religious discrimination. As such, it is largely subject to the same rules:

• Employers cannot discriminate against an employee or applicant in hiring, firing or other terms and conditions of employment based wholly or in part upon his or her national origin.

• Employers cannot engage in recruitment practices that tend to exclude or discourage applicants of a particular national origin.

• Employers may be liable for allowing harassment based on national origin to occur in their workplaces if it rises to such a level as to create a hostile work environment and if the employer knew or should have known it was occurring but failed to take appropriate action.

• Harassment by any supervisor exposes your employer to liability.

The point when isolated teasing turns into a hostile work environment is not always clear. However, once you feel that harassment based on your national origin has gone beyond petty slights, consult our New York City employment discrimination attorneys about your rights.

While similar to other types of discrimination in many ways, national origin discrimination does have some unique features arising under the Immigration Reform and Control Act (IRCA):

• The IRCA applies to all employers with four or more employees, allowing it to reach companies that fall outside the purview of the Civil Rights Act.

• While employers are required to verify the eligibility of new hires to work in the United States, they cannot discriminate against work-authorized immigrants or non-immigrants in favor of citizens.

• Employers cannot require verification documents beyond those required by Immigration and Citizenship Services regulations.

Unfortunately, it is common for employers to attempt to exploit or abuse newly arrived workers. However, the Civil Rights Act, the Immigration Reform and Control Act and New York and New York City human rights laws provide protection from this type of conduct.

If you believe that because of your national origin your current or past employer treated you unfairly, or you were denied employment due to your ancestry or immigration status, you may have legal recourse. Our New York employment discrimination attorneys at Joseph & Kirschenbaum LLP understand the unique challenges immigrant and newly arrived workers face and are here to help. We have fought back on behalf of thousands of undocumented workers who did not receive fair pay or have otherwise been exploited or discriminated against based on their national origin. Call us today at 212-688-5640, or contact us online to schedule a no-cost initial consultation with one of our attorneys. Se habla espanol.