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Race and National Origin Discrimination and Harassment

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Federal and state laws prohibit an employer from discriminating against an employee because of that employee's race or national origin. An employer may not give an employee less favorable treatment, fewer job or promotional opportunities, or terminate or refuse to hire an employee because of that employee's race, ethnicity, or national origin. An employer may not adopt policies that disproportionately impact members of a particular race unless the employer can demonstrate that there is a legitimate business necessity for such policies.

It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. Employers may not discriminate against employees on the grounds that they are from another country, have names or accents associated with a national origin group, participate in certain customs associated with a national origin group, or are married to or associate with people of a certain national origin. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business.

It is also illegal for an employer to subject an employee or allow an employee to be subjected to severe or pervasive harassment because of that employee's race or national origin. Harassment based on race or national origin is any conduct that interferes with a person's work performance, negatively affects a person's employment opportunities, or creates an intimidating, hostile, or offensive work environment. Racist jokes, name-calling, threats, and other forms of mistreatment towards an employee because of his or her race or national origin are illegal.

We are especially committed to representing employees who have been subjected to post-September 11 backlash discrimination and work closely with the American-Arab Anti-Discrimination Committee  to provide counsel and assistance to employees who have been subjected to such invidious discrimination.

See also:
Discrimination



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