The U.S. Equal Employment Opportunity Commission
Facts About National Origin Discrimination
Title VII of the Civil Rights Act of
l964 protects individuals against employment discrimination on
the basis of national origin as well as race, color, religion and
sex.
It is unlawful to discriminate against any employee or applicant
because of the individual's national origin. No one can be denied
equal employment opportunity because of birthplace, ancestry,
culture, or linguistic characteristics common to a specific ethnic
group. Equal employment opportunity cannot be denied because of
marriage or association with persons of a national origin group;
membership or association with specific ethnic promotion groups;
attendance or participation in schools, churches, temples or
mosques generally associated with a national origin group; or a
surname associated with a national origin group.
Speak English-Only Rule
A rule requiring employees to speak only English at all times on
the job may violate Title VII, unless an employer shows it is
necessary for conducting business. If an employer believes the
English-only rule is critical for business purposes, employees have
to be told when they must speak English and the consequences for
violating the rule. Any negative employment decision based on
breaking the English-only rule will be considered evidence of
discrimination if the employer did not tell employees of the
rule.
Accent
An employer must show a legitimate nondiscriminatory reason for
the denial of employment opportunity because of an individual's
accent or manner of speaking. Investigations will focus on the
qualifications of the person and whether his or her accent or
manner of speaking had a detrimental effect on job performance.
Requiring employees or applicants to be fluent in English may
violate Title VII if the rule is adopted to exclude individuals of
a particular national origin and is not related to job
performance.
Harassment
Harassment on the basis of national origin is a violation of
Title VII. An ethnic slur or other verbal or physical conduct
because of an individual's nationality constitute harassment if
they create an intimidating, hostile or offensive working
environment, unreasonably interfere with work performance or
negatively affect an individual's employment opportunities.
Employers have a responsibility to maintain a workplace free of
national origin harassment. Employers may be responsible for any
on-the-job harassment by their agents and supervisory employees,
regardless of whether the acts were authorized or specifically
forbidden by the employer. Under certain circumstances, an employer
may be responsible for the acts of non-employees who harass their
employees at work.
Immigration-Related Practices Which May Be Discriminatory
The Immigration Reform and Control Act of 1986 (IRCA) requires
employers to prove all employees hired after November 6, 1986, are
legally authorized to work in the United States. IRCA also
prohibits discrimination based on national origin or citizenship.
An employer who singles out individuals of a particular national
origin or individuals who appear to be foreign to provide
employment verification may have violated both IRCA and Title VII.
Employers who impose citizenship requirements or give preference to
U.S. citizens in hiring or employment opportunities may have
violated IRCA, unless these are legal or contractual requirements
for particular jobs. Employers also may have violated Title VII if
a requirement or preference has the purpose or effect of
discriminating against individuals of a particular national
origin.
See also: How To File A Charge of Employment Discrimination
This page was last modified on June 28, 2002.
The above article was reprinted from the Equal Employment Opportunity Commission.
Check the EEOC website for any changes to the article.
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