National origin is one of the protected classes in New York. Employers are prohibited from discriminating against employees or job applicants based on national origin.
Here is what to know about this type of discrimination:
What is it?
You are discriminated against based on national origin at work when you are unfairly treated because you are from a particular country or part of the world. Other identity aspects that lead to this type of discrimination are ethnicity and accent.
Someone may also be discriminated against if they appear to be from a particular ethnic background, even if they are not. Further, employees or job applicants married to or associated with someone from a certain national origin may experience discrimination.
When can it happen?
National origin discrimination can happen during hiring, promotion, termination, compensation, allocation of duties and so on. Essentially, at any stage of employment.
What about the English-only rule?
The English-only rule implemented by some employers can be categorized as national origin discrimination. It can be unlawful for an employer to require employees to speak English exclusively unless they can prove English is necessary for the safe or efficient operation of the business.
It may also be unlawful for an employer to hire or promote only people who can speak English fluently, overlooking those with accents. However, if fluency in English is necessary to perform the job effectively, an employer may be exempt from this rule.
What can you do?
If you believe you have experienced national origin discrimination in your workplace, gather adequate information to support your claim. You can then report the case to the U.S. Equal Employment Opportunity Commission (EEOC) or the appropriate state agencies.
Workplace discrimination can affect you and your career significantly. Get legal guidance sooner to protect your rights.