National origin is a protected class in the workplace. The U.S Equal Employment Opportunity Commission (EEOC) prohibits treating a job applicant or employee differently because of their national origin. This is also prohibited under the Colorado Civil Rights Division via the Colorado Anti-Discrimination Act (CADA).
Here is what to know about this form of discrimination:
How does it happen?
Discrimination based on national origin involves treating a worker unfavorably because they are from a particular country/part of the world or because of their ethnicity/accent. Or because they appear to be of a certain ethnic background, even if they are not. For instance, because of their surname, physical appearance or where they went to school
This can happen during hiring, promotions and dismissal. It’s also seen when it comes to workplace policies, compensation, and assignments of duties/shifts.
For example, when an employer:
- Posts a job ad stating a preference for foreign workers over American workers
- Asks a job applicant who was born and raised in the country, which year they moved to the U.S.
- Makes an employment decision based on an employee’s accent when it does not materially interfere with their ability to perform the job
- Pays employees of a particular national origin or ethnicity less
- Enforces an English-only rule when not justified by a legitimate business necessity
- Refuses to assign employees of a particular ethnicity or accent to client-facing roles
- Disciplines a foreign worker more harshly than an American one for the same infraction
- Dismisses employees because clients express a preference for an “All-American” profile
National origin discrimination also includes treating someone unfavorably because they are married to or associated with a person of a certain national origin. Note that discrimination can still occur when the victim and the perpetrator are of the same national origin.
If you believe you have experienced this form of discrimination at work, get more information to protect your rights.