Title VII of the Civil Rights Act prohibits covered employers of 15 or more employees from discriminating against employees or applicants because of national origin with regard to any aspect of employment such as hiring, firing, pay, job assignments, promotions, layoffs, training, benefits and any other term or condition of employment.  This discrimination may include unfavorable treatment because of birthplace or origin in another country; ethnicity, ancestry, customs, or culture; citizenship status; language or accent; or marriage or association with a person of a particular national origin.  Discrimination may also occur when the victim and the perpetrator are both of the same national origin.

Examples of Discrimination Because of National Origin

• Demotion or termination
• Lower pay than peers
• Less favorable work assignments or conditions
• Scrutinizing work more closely than other employees despite good performance
• Undermining managerial authority or span of control
• Exclusion from important work activities
• Disciplinary action or Performance Improvement Plans

Hostile Work Environment (Harassment)

Title VII also prohibits the harassment of an employee due to national origin.  Harassment is the unwelcome treatment of an employee due to national origin that is frequent or severe enough to alter working conditions and create a demeaning or abusive atmosphere (hostile work environment).  It is critical that you notify management of the harassment.  If possible, do so in writing and save a copy for documentation.  Once an employer knows about the harassment, it is obligated to take effective action to stop it.

This unlawful conduct may include the use of slurs or name-calling, workplace graffiti, threats, inappropriate jokes or gestures, isolation, exclusion, work interference, undermining of authority, humiliation, or other mistreatment.  The harasser may be a supervisor, co-worker, contractor, or client.  The harasser may be of the same national origin as well.

Retaliation

It is also unlawful to punish an employee for complaining to the employer about being discriminated against due to national origin or opposing national origin discrimination against another employee.  Title VII further prohibits employers from retaliating against employees for filing an EEOC discrimination charge, testifying or participating in an investigation about discrimination, assisting in an EEOC proceeding or lawsuit, or opposing employment practices that an employee reasonably believes discriminate against another individual in violation of the law.

Retaliation includes adverse actions such as demotions, disciplinary actions, terminations, and other forms of punishment that tend to dissuade employees from complaining about discrimination. For more information about legally protected activities and examples of unlawful retaliation, see Retaliation page.

Under Title VII of the Civil Rights Act, private sector employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of a discriminatory action. You will forfeit important legal rights if you do not file a timely charge with the EEOC. If you’ve already missed a deadline, call to discuss your options.

In addition to federal law, the Wrongful Discharge Against Public Policy (WDPP) law of North Carolina prohibits covered employers from firing employees due to national origin.  Because the deadline for filing a WDPP claim has fluctuated in recent years, it is recommended that claims be filed without delay.  (see Wrongful Termination page)

If you’ve been subjected to national origin discrimination, contact Rich Daugherty.  Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich.

In addition to litigating cases, Rich negotiates confidential severance agreements and executive exit agreements favorable to his clients.