Workplaces should be spaces of fairness and equality, but unfortunately, they often become environments where employees face unfair treatment. One such issue is national origin discrimination. Understanding what national origin discrimination entails can empower you to recognize your rights and take the necessary actions to protect yourself. At the Law Office of Mitchell A. Kline, we have over 30 years of experience defending the rights of employees against all forms of workplace discrimination. If you believe you’ve been treated unfairly due to your national origin, we’re here to fight for your justice.
What is National Origin Discrimination?
National origin discrimination occurs when an employee is treated differently or unfairly because of their nationality, ethnicity, accent or cultural background. Under Title VII of the Civil Rights Act of 1964 and Illinois state laws, this kind of discrimination in the workplace is prohibited. Employers are legally obligated to provide a workplace environment free of bias, harassment or actions that unfairly target individuals based on their national origin.
Discrimination based on national origin doesn’t just apply to hiring and firing decisions. It can also involve promotions, pay rates, work assignments, harassment or creating a hostile work environment.Â
Examples of National Origin Discrimination
Understanding what constitutes national origin discrimination can help employees recognize when their rights have been violated. Here are several common examples:
- Unequal Treatment: If an employer denies a promotion or gives unequal pay solely because of an individual’s accent, ethnicity or cultural practices, this is discrimination.
- Harassment: If a supervisor or co-worker makes derogatory remarks, slurs or jokes about your ethnicity or accent, such behavior contributes to a hostile work environment.
- Language-Based Discrimination: Requiring employees to only speak English at all times in the workplace—unless it is for legitimate business purposes—can be considered discriminatory.
- Hiring Practices: Refusing to hire qualified candidates because of their nationality or accent is another clear example of discrimination.
- Unfair Discipline or Termination: Singling out employees for termination or severe punishment due to their background also falls under national origin discrimination.
Filing a National Origin Discrimination Claim in Illinois
If you’ve been a victim of national origin discrimination at work, you have legal options. Employees in Illinois can file a claim through either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Here’s how the process works:
- Filing a Claim. You must file your claim within 180 days (or in some cases, 300 days) of the discriminatory action. This claim allows a government agency to investigate your case and determine whether discrimination occurred.
- Government Investigation. The EEOC or IDHR will gather evidence, interview witnesses and assess the case. Based on their findings, they may issue a resolution, or they may give you the right to file a lawsuit in civil court.
- Taking Legal Action. While waiting for a government agency’s investigation can provide valuable insights, you don’t always have to wait for their findings to take legal action. With the help of an attorney, you can seek appropriate remedies, such as back pay, damages and workplace policy changes, through a lawsuit.
Contact the Law Office of Mitchell A. Kline Today
No one should have to endure mistreatment in the workplace, especially when it’s tied to something as personal and intrinsic as your heritage. If you suspect national origin discrimination, don’t wait. Contact the Law Office of Mitchell A. Kline to evaluate your case, understand your legal options, and take the first steps toward justice.
